Employer trying to force employee to take holidays
Discussion
My son has been furloughed for a few weeks now and been paid almost his full pay. Today his employers emailed him about their plans to reopen. They want some staff to go in as part of a reopening team, he’s refused as I am very vulnerable. They also want him to take 3 weeks of his holidays shortly. This would leave him virtually no holidays for the rest of the year. This employer have a past history of imposing holiday dates on him. Last year they made him take two consecutive weeks in March.
Can employers force you to take holidays when you don’t want to?
Can employers force you to take holidays when you don’t want to?
Employers can enforce holiday the same as they can refuse holiday. As long as they make sure you get the correct entitlement they can make you take it when they want.
This will be happening a lot his year, Furlough will end June (hopefully) and employers will then need their staff back to help build the business from whatever rubble is left. But then they'll have the problem with them all wanting to take their holiday entitilement in the last 6 months of the year. It is not ideal but it does make sense for the buisness.
This will be happening a lot his year, Furlough will end June (hopefully) and employers will then need their staff back to help build the business from whatever rubble is left. But then they'll have the problem with them all wanting to take their holiday entitilement in the last 6 months of the year. It is not ideal but it does make sense for the buisness.
IN short, yes they can provided, as above, sufficient notice has been given.
https://www.legislation.gov.uk/uksi/1998/1833/regu...
https://www.legislation.gov.uk/uksi/1998/1833/regu...
3 weeks is a lot.
I feel it would be more paletable if holiday were pro-rated at the rate that it is accrued i.e. if the employee returns to work half way through the holiday year the employee is asked to ensure they have used half of their annual holiday entitlement by this time.
My employer are asking that everyone has used at least seven days of their 25 day entitlement by the end of June which seems particularly reasonable.
I feel it would be more paletable if holiday were pro-rated at the rate that it is accrued i.e. if the employee returns to work half way through the holiday year the employee is asked to ensure they have used half of their annual holiday entitlement by this time.
My employer are asking that everyone has used at least seven days of their 25 day entitlement by the end of June which seems particularly reasonable.
Girlfriend works for a large national chain involving health & fitness.
She got furloughed almost as soon as lockdown was announced.
She’s had an email today saying they are “mandating” all employees take 10 days annual leave by 30th June.
A brief google would suggest it’s treading closely on breaching Working Time Regs of 1998 but other sources are saying employers can force holiday with only a few days notice. Thoughts?
EDIT - Apologies, I see another near identical topic was posted at 2:55 today... my bad!
She got furloughed almost as soon as lockdown was announced.
She’s had an email today saying they are “mandating” all employees take 10 days annual leave by 30th June.
A brief google would suggest it’s treading closely on breaching Working Time Regs of 1998 but other sources are saying employers can force holiday with only a few days notice. Thoughts?
EDIT - Apologies, I see another near identical topic was posted at 2:55 today... my bad!
Jasandjules said:
As per the thread by Elanfan, it is perfectly legal in terms of the Working Time Regulations (I've posted the link in that thread), provided sufficient notice is given, for 10 days that would be 10 days thus by 30 June would appear to be reasonable.
Spot on.Three need to give as a minimum the same number of days notice as holiday beings taken.
Another point slightly off topic - we have been told by our employment lawyers if you had holiday booked and then the furlough started you still take the holiday, you can’t say you’re not going to.
HoHoHo said:
Another point slightly off topic - we have been told by our employment lawyers if you had holiday booked and then the furlough started you still take the holiday, you can’t say you’re not going to.
I presume they do not mean there is anything in the CJRS which expressly requires it, more that it is sensible for an employer to continue to have employees take holiday which is booked (and also sensible to require more holiday to be taken) whilst employees are on Furlough because the Govt will pay 80% of the cost of that day (up to the 2.5k monthly limit) which means that going forward once the scheme has ended the employee will be at work and have fewer days off on holiday..... So should save them money this year.elanfan said:
Thanks Jase,
He shoots he scores. Have to say it doesn’t seem fair though. Making an employee take a holiday when it suits them rather than a few weeks when the sun is shining!
The law is the law I suppose.
It would be even more unfair if the business goes under and he has a prolonged holiday. C19 has caused no end of issues, business will be tough all round with most going to the wall or laying off staff! He should be chuffed he still has a job and holiday entitlement. Missing out on a bit of sun is a small price to pay. He shoots he scores. Have to say it doesn’t seem fair though. Making an employee take a holiday when it suits them rather than a few weeks when the sun is shining!
The law is the law I suppose.
I have a small team, we’re also going to have to enforce holidays otherwise it’ll be carnage.
elanfan said:
My son has been furloughed for a few weeks now and been paid almost his full pay. Today his employers emailed him about their plans to reopen. They want some staff to go in as part of a reopening team, he’s refused as I am very vulnerable. They also want him to take 3 weeks of his holidays shortly. This would leave him virtually no holidays for the rest of the year. This employer have a past history of imposing holiday dates on him. Last year they made him take two consecutive weeks in March.
Can employers force you to take holidays when you don’t want to?
"They want some staff to go in as part of a reopening team, he’s refused as I am very vulnerable."Can employers force you to take holidays when you don’t want to?
What did they say when he refused? He may lose his 'furlough money' if he does not go back.
They can impose holiday as laid out in an earlier post.
However, in the normal scheme of things if your son had asked for 3 consecutive weeks off would they have allowed it ? Many employers say more than 2 weeks has to be a special request and agreed in writing.
If they would not normally give 3 weeks it is a bit s
t to be imposing that number on the employee.
However, in the normal scheme of things if your son had asked for 3 consecutive weeks off would they have allowed it ? Many employers say more than 2 weeks has to be a special request and agreed in writing.
If they would not normally give 3 weeks it is a bit s
t to be imposing that number on the employee.As well as been legal, its in most cases probably been done in the interests of keeping the business alive and de-risking all employees taking their 28days entitlement in a 6 month period.
We have been asked to ensure we have taken 10 of our allowance before the end of June, including any already taken or booked... Wasn't happy at first but can see the end game.... Although we are working (key industry, no one on furlough), the decrease in workload will still need to be done this year so will be later in the year.... Can't have everyone off then can we?
So instead if taking a week off to make up my ten days, I've taken off 5 consecutive Fridays. Tied in with the Bank Holidays in May, it's making some nice long weekends. Downside is, 200 emails received each day still need dealing with but now in 4 days rather than 5!
We have been asked to ensure we have taken 10 of our allowance before the end of June, including any already taken or booked... Wasn't happy at first but can see the end game.... Although we are working (key industry, no one on furlough), the decrease in workload will still need to be done this year so will be later in the year.... Can't have everyone off then can we?
So instead if taking a week off to make up my ten days, I've taken off 5 consecutive Fridays. Tied in with the Bank Holidays in May, it's making some nice long weekends. Downside is, 200 emails received each day still need dealing with but now in 4 days rather than 5!
It’s a very difficult one OP....but companies have to be proactive to survive in times like these.
I think it probably also depends on exactly what advice you’ve been given about isolating. One of my friends is in remission from Stage 4 lymphoma. Got a letter over and above the standard 12 week letter telling him to isolate from his family, use the kitchen only at times when his family isn’t etc....and literally got told not to even do things like putting the bins out once a week. Didn’t mention anything about what his family should do (both kids are at Uni).
He’s got similar concerns to you and is obviously worried that once his kids are back at Uni he’s got a real issue about seeing them.
Unfortunately if you’ve had advice like that I don’t think you can expect your sons employer to be understanding about your situation indefinitely. That sounds harsh but unless you’ve been told that everyone in your household should isolate along with you they at some stage will expect him to return to work on a similar basis to his colleagues.
I think it probably also depends on exactly what advice you’ve been given about isolating. One of my friends is in remission from Stage 4 lymphoma. Got a letter over and above the standard 12 week letter telling him to isolate from his family, use the kitchen only at times when his family isn’t etc....and literally got told not to even do things like putting the bins out once a week. Didn’t mention anything about what his family should do (both kids are at Uni).
He’s got similar concerns to you and is obviously worried that once his kids are back at Uni he’s got a real issue about seeing them.
Unfortunately if you’ve had advice like that I don’t think you can expect your sons employer to be understanding about your situation indefinitely. That sounds harsh but unless you’ve been told that everyone in your household should isolate along with you they at some stage will expect him to return to work on a similar basis to his colleagues.
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