Mandatory Holiday - is that legal?
Discussion
A quick question on behalf of a neighbour of mine .....
Lets say he has 29 days holiday a year, and his employment contract states that the company can 'mandate' that he takes 5 days at a time determined by them ......
In addition to the contracted 5-days per year - can his company also state (not contractually) that he must equally split his remaining holidays, quarterly, over the coming year?
What I mean is that he has 29 days entitlement .... exclude the 5 'mandatory' days - he must then take 6 days each quarter.
Is that legal?
Many thanks in advance,
K
Lets say he has 29 days holiday a year, and his employment contract states that the company can 'mandate' that he takes 5 days at a time determined by them ......
In addition to the contracted 5-days per year - can his company also state (not contractually) that he must equally split his remaining holidays, quarterly, over the coming year?
What I mean is that he has 29 days entitlement .... exclude the 5 'mandatory' days - he must then take 6 days each quarter.
Is that legal?
Many thanks in advance,
K
Most employment contracts have a clause that basically says you can take your holiday anytime the Company approves it. Which means they can stipulate any restrictions they like to deal with operational issues...cover and so on.
Many also include a clause that says that the Company can require you to take vacation as and when they like. This is often used for factory shutdowns in the summer, or office closures over Christmas.
They'll all have nice looking words that say they'll try and grant vacation time as and when requested but they nearly always boil down to you'll take your vacation when they want you to - should there ever be an argument.
If you sign the contract. Then you've agreed.
Many also include a clause that says that the Company can require you to take vacation as and when they like. This is often used for factory shutdowns in the summer, or office closures over Christmas.
They'll all have nice looking words that say they'll try and grant vacation time as and when requested but they nearly always boil down to you'll take your vacation when they want you to - should there ever be an argument.
If you sign the contract. Then you've agreed.
BoxheadTim said:
... unless you happen to work in a field where the regulator mandates that employees take a certain number of consecutive days off. Like the FSA "must take two weeks holiday consecutively every year" rule.
Yep. All of the above vacation business being put in the contract does not absolve bothethe employer and the employee from complying with regulations. 
BoxheadTim said:
... unless you happen to work in a field where the regulator mandates that employees take a certain number of consecutive days off. Like the FSA "must take two weeks holiday consecutively every year" rule.
Which FSA rule is that? I would imagine quite a few places fall foul of that one!
.Under the Working Time regs to are entitled to Holidays, however the employer can control when you have those holidays.
So yes it is legal.
Quote from WTR
There is a minimum right to paid holiday, but your employer may offer more than this. The main things you should know about holiday rights are:
you are entitled to a minimum of 4.8 weeks times your usual working week (from 1 October 2007)
the entitlement will increase to 5.6 weeks from 1 April 2009
those working part-time are entitled to the same level of holiday pro rata (so currently 4.8 times your usual working week)
you start building up holiday as soon as you start work
your employer can control when you take your holiday
you get paid your normal pay for your holiday
when you finish a job, you get paid for any holiday you’ve not taken
bank and public holidays can be included in your minimum entitlement
you continue to be entitled to your holiday leave throughout your ordinary and additional maternity leave and paternity and adoption leave
Nick
So yes it is legal.
Quote from WTR
There is a minimum right to paid holiday, but your employer may offer more than this. The main things you should know about holiday rights are:
you are entitled to a minimum of 4.8 weeks times your usual working week (from 1 October 2007)
the entitlement will increase to 5.6 weeks from 1 April 2009
those working part-time are entitled to the same level of holiday pro rata (so currently 4.8 times your usual working week)
you start building up holiday as soon as you start work
your employer can control when you take your holiday
you get paid your normal pay for your holiday
when you finish a job, you get paid for any holiday you’ve not taken
bank and public holidays can be included in your minimum entitlement
you continue to be entitled to your holiday leave throughout your ordinary and additional maternity leave and paternity and adoption leave
Nick
Graham said:
is it still legal to include bank holidays as part of the mandatory holiday I thought that changed recently...
Doesnt effect me I work for my self and have no holiday entitlement the boss is a c*nt
G
Yes it is still legal. All that's happened is that the number of holiday days you are entitled to has gone up. Since nearly all employers were ALREADY offering FAR more than the legal requirement the number of people this affects is tiny.Doesnt effect me I work for my self and have no holiday entitlement the boss is a c*nt
G
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