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Can work force my dh to take his annual leave at a certain time?

9 replies

youknownothingofthecrunch · 03/12/2008 16:52

DH works for a, let's say, "manufacturing company", he is management. The company closes down for 3 weeks during the year for maintenance and this time is compulsory leave for the workers + they get an extra week's leave. Managers do not get this time off and get 22 days leave per annum (so less time off but can take it when they want). The company has to shut down for an extra 2 weeks this March and dh has just been informed that rather than working the time as usual he will be expected to take it as holiday or unpaid leave.

Can they do this? His contract is currently buried in boxes but is standard in most ways.

The main problem is that ds3 is due in April and obviously we want dh to be able to take time off then, if half his leave is used up in March then he won't be able to (otherwise there will be no Summer/Christmas leave in 2009). We can't afford for him to take it unpaid.

He is currently arguing with them that the time could be used for necessary training and project work - so it's not as though there is no work to do.

Can they legally make him take his leave on a certain date if there is nothing in his contract stating they can do this?

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fairydust · 03/12/2008 16:54

i believe yes comapanies can do as its to reduce production and over heads

dp company are doing this next yr there saying they have to take an extra week in may either as unpaided or use there holidays

AtheneNoctua · 03/12/2008 16:59

Yes, I believe they can -- unless the contract explicitly says they can't. Hwoever, I would think they are being a tad unreasonable.

NotActuallyAMum · 03/12/2008 17:00

Sadly they'll probably get away with it

The dickheads people my DH works for did the same, they've always shut down for 2 weeks at Christmas but as of this year they're also shutting down for 2 weeks in the summer too, leaving them with very little holiday to take when they want to

I asked my boss (who's very good at these things) and he said there's nothing we can do about it

Stinks doesn't it?

youknownothingofthecrunch · 03/12/2008 17:01

Trying not to give away where my dh works... when the place is closed there is no work for the workers, but there is more than enough for managers - which would potentially increase production levels when workers return (if that makes any sense). The only reason they are being told not to work is because the director wants to keep the workers on side (which I understand, but they signed up to work knowing that their leave would be dictated to them IYSWIM)

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fairydust · 03/12/2008 17:02

It does stink yes i agree but with so many companies going bust at the moment one has to be gratful for havin a job at the moment i feel them dictating holidays is far better than being in the dole cue.

youknownothingofthecrunch · 03/12/2008 17:04

This company is unaffected by the current troubles, it is making money and is safe (and I am hugely grateful for the fact) - the decision to shut down is due to machinery, not finances.

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LIZS · 03/12/2008 17:07

I would think with more than 3 months' notice they can, especially if it is due to temporary shut down .

youknownothingofthecrunch · 03/12/2008 17:14

But his work is not affected by the shut down - he always works shut downs as there is more than enough for him to do.

I'm not going to get the answer I want am I?

Thanks for all your answers. Have found his contract and it just states the number of days.

I just wish there was a real reason for this! Have just clarified this with dh and this shut down will actually take the place of the Summer shut down (when he would work), so workers will be unaffected anyway

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youknownothingofthecrunch · 03/12/2008 17:25

Oh, feeling bad for posting this now.

I needed some perspective.

Compared to all the people being made redundant this is a petty gripe. I'll put it down to hormones. Sorry.

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