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to think that DH should be able to take his holiday when it's suits us and not his employer?

(67 Posts)
SuperflyTNT Mon 02-Jan-17 20:59:07

DH works as a video editor. He's fairly senior in a small company which covers jobs abroad and in Lodnon, but most of the time they all work from home. Aside from the issues that they cut everyone's pay by 10% several years ago, and still haven't reinstated it, and that they regularly expect him to pay for hotels and other expenses up front, paying him back the following month, and for a long period of time weren't even paying him on time, sometimes up to a week and a half late, this last year they were so busy with work that DH ended up taking 3 weeks off in December, as they were too busy for him to take a week off earlier in the autumn. While he is now the only one doing his job, they regularly use freelancers and agency staff where needed, and by law, have to employ crew from the residing country when they work abroad. Despite this, DH often gets asked to manage film crews abroad, and edit, meaning he ends up working into the small hours while on a job, and then into the small hours when he gets back from a job to catch up with the other work. He does soemtimes get a lieu day, but I'm almost certain it never gets paid back fully.
I understand a lot of the job requirements are tough, but in trying to plan a holiday this year (our first in many years), DH keeps saying he'll have to check with work as to whether he can get that week off, or that he's certain they won't allow him to take that particular week off.
AIBU to think that his employer shouldn't be able to dictate when he does or doesn't take holiday? While having him off for most of December has been lovely, he's worked himself ragged this year, and has been getting more illnesses than usual, which he works through (as he works from home). I just feel his work is taking the piss? Or AIBU and this is just the way it goes now? I'm self-employed, so I'm not used to the employer/employee relationship these days.

SuperflyTNT Mon 02-Jan-17 20:59:41

*Sorry, London, obviously!

SheSparkles Mon 02-Jan-17 21:02:16

It's a pretty basic stipulation in most jobs that annual leave has to suit the business needs. Ideally it should be by mutual agreement but some workplaces will tell you when you're off and there's no room for negotiation

QuandryQueen Mon 02-Jan-17 21:03:45

I think HMRC would be interested to know if the amount of hours he works means his salary for the month puts him at beneath the min wage. If it doesn't then I'm not sure what else can be done.

Presumably his contract states that additional hours are to be worked as per company requirements etc.

Similarly it's not the employees right to have holidays when suit them but when work within the company needs. As long as he has or is payed in leui of his annual leave then they can stipulate when he takes them.

MardyGrave Mon 02-Jan-17 21:04:11

Work places can dictate when holiday must Be taken, such as factories being on shut down, but they also have to give the full allowance.

To be honest it sounds like he works for a rubbish company and he should be looking for a new job asp.

Poppiesway Mon 02-Jan-17 21:04:21

Within my nhs job 3 weeks of our annual leave each year is dictated to us. We get to pick the remaining time when we want except for if it's during school holidays. We can't take no more than 2 weeks of school holiday a year.
We also have to request holiday 18months ahead. Our 2018 holiday has already been given. It's a nightmare.
I think it's the same with other emergency services having their holidays dictated too. A friends husband works for lotus and they also have no choice when they take some of their annual leave. The factory is put on shut down and they all have to take annual leave then..

ilovesooty Mon 02-Jan-17 21:04:50

If he's employed his employer has the right to approve or refuse requested annual leave.

cricketballs Mon 02-Jan-17 21:07:16

Try working in a school - no choice of holiday dates at all (we can't afford the extortionate prices so haven't gone abroad for 6 years)

MuchasSmoochas Mon 02-Jan-17 21:07:41

But then his employer should give him reasonable notice re when he can take them.

InvisibleKittenAttack Mon 02-Jan-17 21:08:23

Can he perhaps put in a request to have any week of in August, and see if any one can be met. This far in advance, you should be able to get a week in teh summer, he should be able to go back and ask which week when one is turned down.

But agree, he should be looking for a new job - this company really isn't treating him very well, there's no need to show loyalty to crap employers.

BarbaraofSeville Mon 02-Jan-17 21:09:41

If he isn't getting the minimum legal amount of holiday of 28 days per year, that would be illegal wouldn't it?

I don't know what could be done though.

MuchasSmoochas Mon 02-Jan-17 21:10:46

Problem is there aren't many jobs in media and the young uns with no family benefit from this. It's not a good environment for work like balance.

InvisibleKittenAttack Mon 02-Jan-17 21:11:03

cricketballs - thats not the same at all! There's a difference to being told in advance "these are the weeks you aren't needed in work, these are the ones you are" and "every request for time off will be rejected." Teachers are unable to set hteir own holiday dates, but do get several weeks, spread out across the year.

MuchasSmoochas Mon 02-Jan-17 21:11:43

What does his contract say?

SuperflyTNT Mon 02-Jan-17 21:13:43

Thanks for all the replies - I thought it wasn't legal to be denied your holiday, but actually, what you've all said does make sense, so I stand corrected. No, they don't treat him very well, and in fact, despite him mentioning it to them, none of them did anything to mark his 10-year anniversary with the company. I've told him to look for another job, but I think he feels that working from home is such a blessing in his profession, that he's not going to find it elsewhere, and that he wouldn't be able to find a matching salary as the value of workers has deteriorated so much. Most jobs advertised are all for entry-level peanuts-working editors, and he's been in the profession for many years now. I will show him this thread though, so he can see I'm not the only one who thinks they're not treating him properly!

BarbarianMum Mon 02-Jan-17 21:13:44

It is reasonable to expect him to check with them and find mutually convenient dates but generally the conversation should go something like "I am planning to take 2 weeks off next August, are these dates convenient?" with a fairly swift response, rather than "When can I have some time off" or "Your annual leave is these dates."

How assertive is your dh? Mine used to be a bit crap with things like this and claimed that there was no way of prebooking holiday at his work. I challenged this (his boss is a single mother as are several more of his colleagues so I was pretty sure they'd need some way to know when they were working to sort childcare) and it turned out that there was a perfectly good but informal way of sorting things so everyone got something that they wanted but there was always enough cover.

Celaena Mon 02-Jan-17 21:13:54

well how about you get DH to book a week off with his employer and then you book?

SuperflyTNT Mon 02-Jan-17 21:14:54

I'll have to get him to check his contract - he's bathing the dc's at the moment! grin

SuperflyTNT Mon 02-Jan-17 21:16:36

Yes, Barbarian I think some of it may be that he's just actually rather shy about asking for things. He's a lot more confident since meeting me, but I still think he's not as loud about these things as he could be, even in emails.

QuandryQueen Mon 02-Jan-17 21:17:33

grin can you imagine if it was illegal to refuse a holiday request?!?!

Barbara- wonder why asdas was shut today? It's Christmas eve and I need my carnation milk
Doris- well barb, our Jimmy's next door neighbours babysitter works there and she says they all put their holidays in for christmas week
Barbara- and it was agreed????
Doris- tis the law innit. Bingo?

m0therofdragons Mon 02-Jan-17 21:17:38

From June to Dec this year dh hasn't been able to take 5days off in a row. It truly sucks. In April he has 3 weeks off for a family holiday. He had to give 18 months notice!

SuperflyTNT Mon 02-Jan-17 21:17:44

And yes, Celaena, the plan is for him to check and then we book, but I just wanted to check what the actual state of affairs is generally before I launched into a campaign with them! smile Glad I did now!

MargaretCavendish Mon 02-Jan-17 21:17:52

AIBU to think that his employer shouldn't be able to dictate when he does or doesn't take holiday?

Of course YABU. Do you really think anyone gets to pick their holiday with no regard at all to the needs of their employer, and without even asking?! Have you ever worked?! It sounds like you think your husband's work is taking too big a toll and it sounds like you have some real and legitimate grievances here, but this is such an odd and very unreasonable thing to have fixed on...

SuperflyTNT Mon 02-Jan-17 21:18:45

grin grin Quandryqueen!

HollaHolla Mon 02-Jan-17 21:20:47

Absolutely standard re negotiating holiday. Also I'd have thought that the requirement to work hours as needed is part of a management contract (mine says this), but there would be a bit of flexibility in short days etc at other times.

The 10 year anniversary thing is a bit of a red herring tbh. I've never seen it recognised in my sector (university)....

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