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Enforced annual leave query

5 replies

Howdoyoulikeyoureggs · 13/05/2014 22:43

I am on an 80 hour per month contract at work. I do not have set hours but am given the 80 hours work over a calendar month, according to operational need. ( 4 ,5 8 or 12 hour shifts)

Next month the head honcho has placed me on enforced paid annual leave for 22 hours out of the 80. He says that there isn't enough work to go around and that's all he can do. I am thus obliged to use my holiday leave.

I am unhappy with the use of my a/l as I was accruing it for a holiday in August. If he continues to use my leave in this way I will not have enough to cover my holiday. He is aware of the holiday and I have had it approved higher up.
I am not sure if he is right about being able to do this. For me this is about time off not money , and the principle of enforced leave. Can anyone help or understand the intricacies of the 1998 employment legislation? TIA

OP posts:
PartyFops · 13/05/2014 22:45

Can you ask to take unpaid leave instead?

Picturesinthefirelight · 13/05/2014 22:52

An employer has the right (unless stated otherwise in an employment contract) to dictate when holidays are taken. It's not so common now but many industries used to have a shutdown week/fortnight for example.

Where I work everyone has to take 10 days over Christmas & if it is quiet workers will be asked to either take holiday or unpaid leave. In the past we have put people on short time but there are certain obligations with that.

However as your other holiday is already booked I think the employer should honour that.

Picturesinthefirelight · 13/05/2014 22:53

However am I correct in thinking that at the moment you do still have enough leave to cover your booked holiday? If so there is nothing you can do. Times are hard for businesses.

Howdoyoulikeyoureggs · 13/05/2014 23:08

I have worked for the company on this contract for 6 years. They are a public body. This has never happened before and I am anxious that this doesn't set a precedent. Our hours of opening have not changed ( 9 until 9) I would have thought they were obliged to provide the hours of work set out in my contract .
There is nothing in the work handbook about this.

OP posts:
Picturesinthefirelight · 13/05/2014 23:29

I've found some info which may or may not help.

If an employer wants to force an employee to take holiday at a certain time they have to give twice the amount if notice as the length of the holiday.

So if they want you to take 1 week holiday they have to give 2 weeks notice. If they want you to take 2 days holiday they have to give 4 days notice.

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