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Advice needed please

5 replies

LiquidLunch · 03/12/2012 10:02

Just a quick query, as I'm sure there's some lovely mn'rs out there who have the knowledge I don't Smile

Basically, dh has booked Christmas off work. This was booked about 3 months ago.

New manager has started and new manager has put dh to work 'on call' during 4 days if his holiday, in the evenings.

'On call' literally means he'd go out to customers if needed and tbh when he's on call normally he's out for about 4-5 hours a night.

His new manager has said dh any get someone else to do his 'on call' shifts, even though there are a few guys who want the overtime. And new manager has said he can't swap the rota with anyone else either.

Is he allowed to do this?

My argument really is that it's a booked holiday, and although we aren't going away, if we were he physically wouldn't be able to do it. So why should he have to do it now? And the manager knew about the holiday before doing the rota.

Any advice?

OP posts:
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LoopsInHoops · 03/12/2012 12:35

Not sure sorry, but I'd be checking my contract

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slartibartfast · 03/12/2012 12:41

It's a matter of relationships at work: will complaining about it make it worse?

How was the holiday booked: if it's a form (or electronic equivalent) and that was agreed by an authorised signatory, then just say 'no'. The idea of holiday is to give people a break from work - for everyone's benefit.

Have to look at the custom in the workplace for altered circumstances requiring the employer to withdraw leave once granted: there's a case for compensation for any expenses incurresd when this happens.

But the question is what happens by saying 'no': if that's the culmination of a poor work relationship, then the escalation can cause the employee to not have a job: the case at an industrial tribunal could still be won for unfair dismissal and still be worse off. Not everyone is George Entwistle unfortunately.

Is there a Trade Union who could advise?

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Bearcat · 03/12/2012 12:42

Has he had his booked leave authorised by a previous manager?
Is this recorded anywhere?
Can't your DH just tell him you are going away which is why he booked holiday 3 months ago?

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LiquidLunch · 03/12/2012 13:29

Dh is trying to get in touch with the union rep before he meets his manager shortly.

Holidays were verbally authorised and the Christmas rota was done about 2 months ago by previous manager.

Dh is in a secondment role and doesn't have a written contract to check. Though he must have some staff guide book or equivalent?!?

New manager has known dh for about 2 years, get on ok. Dh is his managers equivalent of assistant manager. Manger Wants to make a good impression with his new role.

Where, on call could be swapped or covered previously if you arranged it yourself-to suit everyone involved-it was allowed. Now, no swapping or covering allowed. Which I can understand-but dh is on holiday!!

I have told dh to say we're going away but I think the manager will know this isn't true as they work closely together and dh wouldn't have mentioned it previously.

He's just being difficult imo. Not sure how's best to speak to him about it either really.

Thanks for the replies.

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slartibartfast · 03/12/2012 14:01

Always troublesome to say something that the opposition can show was untrue -eg 'going away'. The case is strong enough without it imho. Need to find a solution that everyone can live with, and move on from, and even more important, forget about by the new year. TUs are good at mediating in this sort of situation and hopefully can help. Best wishes for a good outcome and hopefully a relaxing holiday :-)

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