Snow days

[totty12mum]

My office was closed on Friday, we received a text at 8:30 am staying that we are expected to take this as holiday or work the time back. This puts me in a difficult position. I get less than 12 days holiday per year as work part time, and working time back is also difficult as very tight for time/no childcare help. I would be happy to take as unpaid leave but this is "not allowed." I need to keep the holidays as need to use when kids sick etc. Where do I stand? Am I being unreasonable? I could have walked to work but was not given this option as they were unable to open the office.

Your employer can specify when you take leave but they have to give you double the notice of the leave you are required to take. eg if they want you to take a day they have to give you 2 days' notice.

so no, they can't make you take it as leave with this level of notice

This is very poor of them - I would continue to lobby to have this as unpaid leave - I don't see why this would be a problem?

Surely if it was their decision to close the office, then you shouldn't lose out?

We had similar and the hours were given back to all staff who were affected. Insisting you take it as annual leave shouldn't be happening.

I am almost sure they cannot legally enforce you to take annual leave in this case. They have to give you at least 2 days notice to expect you to take an annual holiday entitlement for this day. If the employer decides to close the office then employees with contractural guaranteed hours or salaries would have to be paid. You do have rights

Thank you, I'll keep pushing for unpaid leave!

As pp have said there is a requirement that an employer provides a set period of notice if they need to roster leave .

Is there a shutdown clause in your contract or employment policies ? This may allow an employer to 'shutdown ' operations and sets out what staff will receive in terms of pay etc. Do check.

the rules are cited are set out in legislation - working time regs

however this legislation only applies to the first 28 days (pro rated for p/t) in any year including bank holidays. if you get more leave than that the employer can make their own rules about how you take it.

I’m sure I’ve read in the last week that if they’ve closed the office and made you stay at home then they’re supposed to pay you as normal?

Actually I think if they close they pay you. Here is the guidance on the acas website m.acas.org.uk/index.aspx?articleid=2797 .

”Thank you, I'll keep pushing for unpaid leave!”

No no no. You were willing and able to work, and they decided to close. They need to pay you as normal and not take it out of annual leave.

Thanks everyone!

Sorry OP off at a slight tangent...does anyone know how it works if you're on a zero hours contract and had work/shifts booked and you were then told not to go to work?

I would say you’ve no entitlements unfortunately. I might be wrong here but you don’t have guaranteed hours and you’re not salaried

Thanks Alis0902, I'll live in hope, but guess you're right.

What does your employment contract say? If it refers to office closures such as snow days being taken as part of annual leave then they have given appropriate notice.

My office was closed and if you couldn’t work from home you had it as a paid day off which doesn’t count as leave. It doesn’t seem right to make you make the time up if management shut the site!

Slight tangent, but if the office was closed due to weather and all staff got a paid day off, what happens if you already had the day booked as holiday? Should you get your holiday back to use at another time?

@totty12mum separate to the snow day thing, bear in mind you are entitled to unpaid parental leave of up to four weeks a year

https://www.gov.uk/parental-leave