Discussion
Just need abit of advice please. The company I work for have set holidays/shutdowns. In March we all got laid off due to corona(laid off not furlough) we got paid layoff pay etc. During the 12weeks the company payed us a pillow payment for shutdown over that period like easter and bank hols etc. We returned to work in June. We are due 2 days shutdown in October. Some employees have made plans. The company has now informed us we have been paid for the 2days as part of the earlier pillow payment and therefore no holiday is owed and we can't have the 2days off. Am I right that even if they have payed us we are still entitled to the 2day off? The company is very old fashioned and set in it's ways and do break employment laws but no one seems to have any backbone and stand up to them. Cause waves and they will find a way to get you out and so on. I've been there coming upto 2years and I'd check my contract IF I had one. Thanks for and advise
siandcian said:
Just need abit of advice please. The company I work for have set holidays/shutdowns. In March we all got laid off due to corona(laid off not furlough) we got paid layoff pay etc. During the 12weeks the company payed us a pillow payment for shutdown over that period like easter and bank hols etc. We returned to work in June. We are due 2 days shutdown in October. Some employees have made plans. The company has now informed us we have been paid for the 2days as part of the earlier pillow payment and therefore no holiday is owed and we can't have the 2days off. Am I right that even if they have payed us we are still entitled to the 2day off? The company is very old fashioned and set in it's ways and do break employment laws but no one seems to have any backbone and stand up to them. Cause waves and they will find a way to get you out and so on. I've been there coming upto 2years and I'd check my contract IF I had one. Thanks for and advise
If they have indeed paid you your holiday entitlement for the year (statutory holiday entitlement is set at 28 days per year - pro rata if applicable) then they are under no obligation to pay you for the further two days or even allow you unpaid leave. However, what stands out here is that you were laid off. The payment you received covered you under your initial 'contract' (I'll come back to that in a moment). You were then taken on again and this 'should' be a new contract and thus a new holiday year.Covid has muddied the waters but it still comes down to aligning what they have paid you and for what purpose.
In not providing you a contract, they have broken the law. A company must provide a written employment contract (or a statement of terms) within two months of starting. If you had one, all of this would be more easy to decipher. You are within your rights to ask for one and I would do so as a matter of urgency.
Others will come along and say to walk away and in normal times, I'd support that view. This doesn't sound like a company worth working for. But it's not normal times and in the short-term, it may well be wise to suck it up and crack on. It's only two days and not worth risking your income for that regardless of how unfair it may be.
StevieBee said:
siandcian said:
Just need abit of advice please. The company I work for have set holidays/shutdowns. In March we all got laid off due to corona(laid off not furlough) we got paid layoff pay etc. During the 12weeks the company payed us a pillow payment for shutdown over that period like easter and bank hols etc. We returned to work in June. We are due 2 days shutdown in October. Some employees have made plans. The company has now informed us we have been paid for the 2days as part of the earlier pillow payment and therefore no holiday is owed and we can't have the 2days off. Am I right that even if they have payed us we are still entitled to the 2day off? The company is very old fashioned and set in it's ways and do break employment laws but no one seems to have any backbone and stand up to them. Cause waves and they will find a way to get you out and so on. I've been there coming upto 2years and I'd check my contract IF I had one. Thanks for and advise
If they have indeed paid you your holiday entitlement for the year (statutory holiday entitlement is set at 28 days per year - pro rata if applicable) then they are under no obligation to pay you for the further two days or even allow you unpaid leave. However, what stands out here is that you were laid off. The payment you received covered you under your initial 'contract' (I'll come back to that in a moment). You were then taken on again and this 'should' be a new contract and thus a new holiday year.Covid has muddied the waters but it still comes down to aligning what they have paid you and for what purpose.
In not providing you a contract, they have broken the law. A company must provide a written employment contract (or a statement of terms) within two months of starting. If you had one, all of this would be more easy to decipher. You are within your rights to ask for one and I would do so as a matter of urgency.
Others will come along and say to walk away and in normal times, I'd support that view. This doesn't sound like a company worth working for. But it's not normal times and in the short-term, it may well be wise to suck it up and crack on. It's only two days and not worth risking your income for that regardless of how unfair it may be.
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