Holiday Pay if the Boss is away?
Holiday Pay if the Boss is away?
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C.A.R.

Original Poster:

3,989 posts

210 months

Thursday 30th September 2021
quotequote all
Shortened title, the details are far more boring.

My wife works as a part-time carer (15 hours / week), same employer for 8 years. Prior to Covid 19 lockdowns the person she cares for was granted additional funding to hire an extra member of staff as their condition had worsened.

The extra staff member wasn't pulling their weight, but then Covid19 happened / lockdown etc. This was the ultimate excuse for a lazy person, especially one who suffered with asthma as a child. When lockdowns were lifted, this extra member of staff was 'self isolating' - on full pay, of course.

This prompted the holiday allowance to be much more strictly monitored, for all staff - to stop one particular person taking the pi$$.

Forward to last month; the person receiving care has gone away on holiday, for 2 weeks.

Staff were notified formally that, unlike previous years, pay would not be given in full whilst the person being cared for is on holiday. Staff were offered 3 options-
1. Receive 25% of pay for 2 weeks, no requirement to turn up at work (nobody to care for, but household chores still required - albeit limited)
2. Use their own holiday allowance and receive full pay if they match the same 2 weeks
3. Receive no pay - (WTF, why is this even an option when option 1 exists?!)

Historically; if the person being cared for was on holiday my wife would still receive full pay. How can she have her holiday entitlement dictated to her by when the person being cared for is away?

My wife has been employed for almost 8 years but her holiday entitlement hasn't increased year-on-year like it might at many other places of employment (typically you accrue 1 day for every 12 months of service up until a maximum determined number of annual leave days - at least that's how it's been for me in every job I've done which has had a contract of any sort).

Is this practice correct?

I assume past events where holidays were treated differently cannot be considered unless it's a formal change of contract?

As it happens my wife is now ~ £600 down this month.

To top things off - another member of staff who periodically checked-in on the family pets during those 2 weeks has received full pay. My wife turned up twice during the two weeks to check on the same pets. WTAF?

I need to obtain a full copy of her contract of employment to see exactly what's written and appreciate that this post is limited without the 'full picture', but your opinions / feedback would be most appreciated.

Countdown

46,984 posts

218 months

Thursday 30th September 2021
quotequote all
Sorry, not a HR expert but I believe

1. You can be required to go on holiday at specific times. My dad used to work in T'mills and shutdown times were the same year on year. I assume it's the same for staff who work in a school.

2. if there's no work you can be forced to go on unpaid leave. (IIRS isn't that what happened to JLR and Honda staff when they cut production a few years ago?)

Muzzer79

12,632 posts

209 months

Thursday 30th September 2021
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Holiday can be enforced, although reasonable notice needs to be given - usually 1 week notice per day off you're enforcing.

The parts about taking unpaid leave or 25% pay for a period sound very iffy but, as ever, it depends on your wife's contract.

However, above all of this, considering the absolute dearth of care staff available at the moment, I'm surprised the employer is going down this route.

It's an employee's market at the moment - if this is enforced, I'd encourage your wife to vote with her feet as I expect there's a lot of options elsewhere.

conanius

918 posts

220 months

Saturday 2nd October 2021
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Muzzer79 said:
It's an employee's market at the moment - if this is enforced, I'd encourage your wife to vote with her feet as I expect there's a lot of options elsewhere.
Best piece of advice in this thread.

Considering how many roles there are in this sector at the moment I’m amazed they’ve played this.

boyse7en

7,920 posts

187 months

Wednesday 6th October 2021
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C.A.R. said:
Historically; if the person being cared for was on holiday my wife would still receive full pay. How can she have her holiday entitlement dictated to her by when the person being cared for is away?
Many contracts have the option to have holiday dictated to be when convenient to the business. Many factories have a shut down week when everyone has to have holiday (or, conversely, if you are on the maintenance team you are expressly not allowed to go on holiday), many offices will close between xmas and New Year and everyone has to have three or four days of holiday

C.A.R. said:
My wife has been employed for almost 8 years but her holiday entitlement hasn't increased year-on-year like it might at many other places of employment (typically you accrue 1 day for every 12 months of service up until a maximum determined number of annual leave days - at least that's how it's been for me in every job I've done which has had a contract of any sort).
Lucky you. My previous job gave me an extra day of holiday after ten years service. Current job doesn't even do that!

98elise

31,237 posts

183 months

Sunday 10th October 2021
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boyse7en said:
C.A.R. said:
Historically; if the person being cared for was on holiday my wife would still receive full pay. How can she have her holiday entitlement dictated to her by when the person being cared for is away?
Many contracts have the option to have holiday dictated to be when convenient to the business. Many factories have a shut down week when everyone has to have holiday (or, conversely, if you are on the maintenance team you are expressly not allowed to go on holiday), many offices will close between xmas and New Year and everyone has to have three or four days of holiday

C.A.R. said:
My wife has been employed for almost 8 years but her holiday entitlement hasn't increased year-on-year like it might at many other places of employment (typically you accrue 1 day for every 12 months of service up until a maximum determined number of annual leave days - at least that's how it's been for me in every job I've done which has had a contract of any sort).
Lucky you. My previous job gave me an extra day of holiday after ten years service. Current job doesn't even do that!
I agree with you on the holidays. I've worked for some fairly large companies and typically you got extra days only after a major milestone. The last one was 25 days, which increased to 27 for 10+ years service.

I can see that a company might start with low holidays, then increase them over time though.