employment contract again!

employment contract again!

Author
Discussion

billb

Original Poster:

3,198 posts

266 months

Tuesday 24th January 2006
quotequote all

can an employer change the holiday arrangements of your contract without consoltation?


thanks

TheLemming

4,319 posts

266 months

Tuesday 24th January 2006
quotequote all
billb said:

can an employer change the holiday arrangements of your contract without consoltation?


thanks


Technically yes, there are a few ways to go about it.

For minor issues, such as "you cant smoke on-site any more" or the normal day-to-day changes in a working environment, nobody is really going to be picky about it. Where people are likely to be really affected (such as a pay-cut or changes in working hours) then as far as I understand it then its a new contract to all intents and purposes so requires a notice period as specified in the current contract.

Does that make sense? Sorry I'm having a hell of a day and I'm slightly less elequent than normal...

billsnemesis

817 posts

238 months

Tuesday 24th January 2006
quotequote all
A bit yes and no.

Changing the procedure, such as having to give a certain amount of notice or not having certain people off at the same time, can be done without agreement of the employees.

Cutting the number of days holiday is a significant change and would not be possible without agreement. Implementation against the wishes of the employee would be tantamount to dismissal.

In between there is a grey area eg insisting that you take part of your entitlement between Christmas and New Year.

Whichever side of the line they are an employer must give notice and if they have already agreed to something they cannot backtrack on that. So if you have holiday booked and then they change the rules so you have to cancel they are in the wrong.

marcp68

7,121 posts

220 months

Tuesday 24th January 2006
quotequote all
I think it's all down to whether "holiday entitlement" is a "term" or "condition" of your employment...........I'm not sure into which category it fits.

I may be wrong but believe it's a "term" then the employer cannot change it without your agreement just as they couldn't change your rate of pay, hours without your agreement.

If was a "condition" then your employer can change these giving you a minimum of 4 weeks notice.

billb

Original Poster:

3,198 posts

266 months

Wednesday 25th January 2006
quotequote all
my "friend" works at a school where they have said to all support staff that they must now not have more than 5 days holiday in term time in a year and no more than 3 days at a time despite saying in the interviews etc you can have holiday when you want within reason. can they do this without consultation?

superlightr

12,856 posts

264 months

Wednesday 25th January 2006
quotequote all
billb said:
my "friend" works at a school where they have said to all support staff that they must now not have more than 5 days holiday in term time in a year and no more than 3 days at a time despite saying in the interviews etc you can have holiday when you want within reason. can they do this without consultation?


sounds reasonable to me. Not like they dont get superduper fantastic holidays as it is....

billb

Original Poster:

3,198 posts

266 months

Wednesday 25th January 2006
quotequote all
superlightr said:
billb said:
my "friend" works at a school where they have said to all support staff that they must now not have more than 5 days holiday in term time in a year and no more than 3 days at a time despite saying in the interviews etc you can have holiday when you want within reason. can they do this without consultation?


sounds reasonable to me. Not like they dont get superduper fantastic holidays as it is....


support staff dont get teacher hols young man..