Can employer force the employee to take annual leave
Can employer force the employee to take annual leave
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carboy2017

Original Poster:

737 posts

101 months

Thursday 21st May 2020
quotequote all

The company that I work for is now persuading bordering on forcing employees to take up some annual leave during the lock-down and WFH time

Normally loads of people would have booked holidays in May and June but due to the current situation lots have not done so

My question is can they force you to take holidays like that,this is a very relevant question in my office as there are quite a few overseas IT workers and most of them are in shared homes as such asking them to take annual leave and be scooped up inside their rooms would be bad for their mental health and its really worrying them in an already stressed out situation due to COVID-19 and also due to not being able to visit their families back home as usual

Any ideas as to what should be the right way to handle this?

PrinceRupert

11,606 posts

108 months

Thursday 21st May 2020
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Yes. Most employers will be doing so.

The right way to deal with it is give yourself a shake and realise your lucky to still be in gainful employment. Being required to take your holidays to stop the entire office demanding to go on holiday at the same time, just as the business is getting on its feet, is not a hardship.

Pothole

34,367 posts

305 months

Thursday 21st May 2020
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carboy2017 said:
asking them to take annual leave and be scooped up inside their rooms would be bad for their mental health
Be what, now? Don't be such a drama queen.

Sheepshanks

39,201 posts

142 months

Thursday 21st May 2020
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Some people are asking for extra bank holidays as they're missing out on the ones happening while they're furloughed.

PrinceRupert

11,606 posts

108 months

Thursday 21st May 2020
quotequote all
Sheepshanks said:
Some people are asking for extra bank holidays as they're missing out on the ones happening while they're furloughed.
Some people are mental.

hotchy

4,786 posts

149 months

Thursday 21st May 2020
quotequote all
Iv not been allowed to take holidays during this. Even had my 2 weeks cancelled that was pre booked so cant wait until it's over and I'm off. However I'd happily take some now meaning iv got a job at the end of it all.

CubanPete

3,760 posts

211 months

Thursday 21st May 2020
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Yes. And they can specify when you take it too as long as the correct notice is given.

My wife is working, and has been told she has to take a proportion of her holiday 'so it is fair'... . She has done 160 unpaid additional hours in the last two months.

carboy2017

Original Poster:

737 posts

101 months

Thursday 21st May 2020
quotequote all
Well in our case there is no getting back on their feet business as it has been business as usual being a IT Fintech firm and not only have we got new clients during the lock-down (due to the increasing demand for cashless transactions and payment gateways) we have also been hiring new employees during this period
so the usual rhetoric of 'we are just getting back into business' does not apply here im afraid smile

PrinceRupert said:
Being required to take your holidays to stop the entire office demanding to go on holiday at the same time, just as the business is getting on its feet, is not a hardship.

PrinceRupert

11,606 posts

108 months

Thursday 21st May 2020
quotequote all
Regardless, your employer clearly would struggle with everyone off at the same time, which is why even in normal times employers don't allow too many people off at the same time. They're not requiring it just to annoy you.



Edited by PrinceRupert on Thursday 21st May 17:30

carboy2017

Original Poster:

737 posts

101 months

Thursday 21st May 2020
quotequote all
Sure that is fine so the right way to go about it is to make it clear that all cannot take off at the same time just like how it was, and not asking people to take their annual leave during the lockdown

PrinceRupert said:
Regardless, your employer clearly would struggle with everyone off at the same time, which is why even in normal times employers don't allow too many people off at the same time.

PrinceRupert

11,606 posts

108 months

Thursday 21st May 2020
quotequote all
Except, they do not know when lockdown will end - if it ends near the end of the year, there will be an awful lot of people wanting to take their holidays in a very short time. Hence why them, and most employers, are requiring employees to take some holidays during the Summer - when most people would normally take it.

In any event, it doesn't matter, as it is perfectly lawful for them to do so. (Well, it would depend on your contract, but without reading it I am almost certain it will be allowed).

Pothole

34,367 posts

305 months

Thursday 21st May 2020
quotequote all
carboy2017 said:
Sure that is fine so the right way to go about it is to make it clear that all cannot take off at the same time just like how it was, and not asking people to take their annual leave during the lockdown

PrinceRupert said:
Regardless, your employer clearly would struggle with everyone off at the same time, which is why even in normal times employers don't allow too many people off at the same time.
Say we come out of lockdown in October. How many employees then have 3 weeks leave to take before Dec 31st? Stop acting like a spoiled brat and do what your employer requires, or go find another job. Doesn't seem like it pays very well if so many people are sharing accommodation, in any case.

GT72

6,577 posts

202 months

Thursday 21st May 2020
quotequote all
carboy2017 said:
Sure that is fine so the right way to go about it is to make it clear that all cannot take off at the same time just like how it was, and not asking people to take their annual leave during the lockdown

PrinceRupert said:
Regardless, your employer clearly would struggle with everyone off at the same time, which is why even in normal times employers don't allow too many people off at the same time.
No the right way to do it is to make sure people use their holiday when they normally would, which is what they appear to be doing.

I run a team and am encouraging people to take time off during lockdown, which they're all doing. They're all sensible people and understand the reasoning so we don't have to force anything. It's also good for mental health not to be working constantly without a break. I've really enjoyed the time off I've had during lockdown and have already taken 3 days off. My wife is on holiday all next week and 2 of my team have time off next week too.

Pieman68

4,275 posts

257 months

Thursday 21st May 2020
quotequote all
Email went around our place saying they would like everyone to have taken half of their AL before end of June for the same reason. Struck me as perfectly reasonable request in the circumstances and I booked a week off to do some jobs around the house

We're BAU, no redundancies, no furlough.

They actually sent all staff that could WFH to do so prior to the government lockdown

We're due a profit share next month from last FY - if they said to us that they need to keep the liquidity in the business for the time being and would pay at a later date once business is back to normal I would say that was perfectly reasonable in the circumstances (it's not like I need it to pay for my summer holidays any more)

Xaero

4,063 posts

238 months

Thursday 21st May 2020
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I'm not sure on the legality of it if not in contract, but my employer stated that we have to reserve 3 days during Christmas shut down, but they do give 3 days more holiday than standard in industry.

I'd honestly just try your best being flexible with your employer. It's no hardship using some holiday up! It's unlikely anyone will be jetting off at the end of the year anyway, so may as well take it now and enjoy the fantastic weather we've been having.

My line manager was trying to get me to sacrifice holiday (and present the managing director with this great benefit to him) because we've been asked to work at home as 'I know you guys aren't working as hard at home'. I'm not sure on my colleagues replies, but it's not been mentioned since, so I don't think it was easily accepted on the whole. I stopped working harder at home after his comment though as clearly his expectations were low hehe

Jasandjules

71,929 posts

252 months

Thursday 21st May 2020
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Ynox

1,749 posts

202 months

Friday 22nd May 2020
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My wife has had to take half her annual leave before end of Q2. So she’s stopped working Fridays.

I’ve not had the same said to me but I’ve been burning some leave also. Weather is good and we have just got a new puppy so it’s good timing.

Ultimately most employment contracts I’ve ever had have said companies can do this if they have to. Also is it really worth being difficult if the st hits the fan and your company have to make redundancies? I’m also hedging my bets that I won’t be going on any trips this year, with this in mind I’d rather take my leave in the summer!

S1KRR

12,548 posts

235 months

Wednesday 3rd June 2020
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Ynox said:
. Also is it really worth being difficult if the st hits the fan and your company have to make redundancies?
This!

You need to be the best employee in the company right now. If they are offering st sandwiches, then you best be taking a big bite. Let the moany bds at your workplace (theres always at least 2) catch the managers eye for the wrong reasons.


Jambo85

3,516 posts

111 months

Friday 5th June 2020
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My employer started doing this early April to boost the P&L, standard behaviour and perfectly allowable provided there is notice, notice should be twice the amount of time you’re asking the employee to take off.

51mes

1,535 posts

223 months

Friday 5th June 2020
quotequote all
We had 14% of our annual leave taken by mid May.. Holiday year runs Jan-Dec

To keep the business manned in the second half they have mandated 30% by end of June 50% by end of August.

I think this is a well thought out compromise allowing folks to have time over Christmas, but making people take a break. Personally I know that this being forced to take a few days here and there has done wonders for my outlook after spending 12 weeks 5 days a week with travel bans and then lockdown sat looking at a pair of monitors at the same desk for 10-12 hours a day.