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Need Employment/ HR Advice, anyone about?

(5 Posts)
AllThatGlistens Sat 14-Sep-13 18:11:00

Posting this on behalf of a friend, she works in the office of a reasonably large, established family run business..

Enjoys the role, no problems there, but she has used all of her annual leave up and has just heard that the company are planning to close on Christmas Eve and if staff haven't got any annual leave left then they have to take it as unpaid.

Her issue is that it isnt in her contract and no warning/ notice was given when she was given her leave days, so is this legal?

Can they make her lose a days wage if she wasn't told she'd have to save a day and they close anyway?

Any advice gratefully received!

flowery Sat 14-Sep-13 18:15:44

If they didn't warn her to save holiday, she is contracted to work those hours normally and is ready and willing to work, then they must pay her and not doing so would be breach of contract and unlawful deduction of wages.

AllThatGlistens Sat 14-Sep-13 18:20:19

Thank you so much flowery!

I suspected it was illegal but I'm a carer so am long out of the world of work, she was stumped so thought I'd ask on here, they just can't get away with that, can they?

She had no warning at all or she'd have saved a days leave.

flowery Sat 14-Sep-13 18:40:20

Telling people when to take annual leave is fine. Shutting the office/workplace and not paying people is not fine. They've shot themselves in the foot by leaving the decision so late.

She should notify them that she is willing and able to work on Christmas Eve as per her contract and therefore expects to be paid. She will consider withholding pay when she is willing to work as a breach of her contract and an unlawful deduction of wages and will take the appropriate action to recover her losses.

AllThatGlistens Sat 14-Sep-13 18:49:57

That's fantastic, have just told her now and I think she'll be quoting you! Thanks so much for taking the time to reply flowers

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