Employee trying to force full time hours

[speedingworm]

After Mat leave I returned to my job working 20 hours over 3 days starting shifts at 6am.
Over the last 2 years people have left & not been replaced resulting in us having skeleton staff. I'm currently on my own on shifts when I use to have 2 other people with me so my workload has massive increased.

Of the 2 people who do the other days to me the 1st is taking 12 weeks off starting next week approved by manager. (No cover organised)
The second is on sick leave & has been for a while.

I have helped out going in after dropping the kids at school but my manager now wants me in full time from next week & wants to cancel my 2 weeks annual leave at the end of august which I booked off at the beginning of the year before the other 2 members of staff were off.

Can she do this?
I have childcare sorted for the days I should work but no chance of getting it sorted for all the other days at this short notice.
I don't want more hours in this job but I can't afford to loose it before I find another one.

Title should say employer not employee

What does your contract say? Does it have anything in there about your employer changing your terms to suit the needs of the business?

They can cancel your leave with good reason and notice, and this would be both. As long as they give you the chance to take leave later in the year.

They cannot easily force you to change your contracted hours. But they do have sufficient notice to cancel your booked leave. However, if you have incurred cost (like booking a holiday) then you would have grounds to pursue a civil case for damages because they had approved the leave dates.

That said it is all a bit moot if you need the job - whilst you presumably have 2 years employment so protection against unfair dismissal, you will need to consider the risk you are taking in refusing, because that is something that only you can accurately guess at. You may have to suck up the leave (assuming you have nothing booked) but you can refuse the extra days and say it simply isn't possible, full stop.

The only contract I have is from when I started 15 years ago, I've had nothing since & the company has changed owners 3 times since.
I have done the same hours & days for 4 years until 2 months ago but I made it clear I was only working 9-2.30 as extra help it's not part of my normal hours.
Holiday abroad booked & paid for when I got written confirmation of annual leave being approved.

The are not going to sack you when you are already so short staffed. If you don’t have childcare you can’t work. The holiday they are unfortunately within their rights but i would say you have some power here.

If I was you I would be looking for another job pronto.
Why haven't the ones who left been replaced?
Why have they authorised 12 weeks off for another employee? Sounds like an absolute shambles.
You say you are doing the job of 3 people. What setting is it you work in?
Would their be health and safety ramifications of one person doing the job of 3?
Contact ACAS for advice.
Your management are taking the piss

Honestly, I'd just say that you can't do it. If they want to try to force the issue, that's upto them, but notice of not, to make you cancel a holiday abroad with your kids in August, whilst simultaneously changing your working hours would he beyond rotten of them. They'd be making things a lot worse for themselves if they sacked you, and frankly, you might be better off looking for another job than doing the hours they are expecting.

It sounds like they need you more than you need them at the moment. I would tell them that:

1. You can’t cover the additional hours they are looking for
2. You can’t cancel your holiday without incurring significant costs, so they can either let you take the leave, cover all the costs or you resign (assuming you have 1 month or less notice to give)

The cards are in your hands here. They are taking the piss. I hope you’re looking hard for another job.

Didn't think of ACAS, thank you I'll give them a ring

Colleague going back to Spain for 3 months to care for sick relative so I totally understand why she's going it's just pudding me off that I'm expected to pick up the slack & loose £££ on a holiday we've saved so long to go on.

I'm catering staff in a large care facility, it use to be me & 2 assistants every shift catering for 80 people now it's just me.
I've spoken to ex colleagues but it seems the staffing levels are the same in most care places now.
I have been looking for another job for a while but have really ramped up searching now.

Colleague going back to Spain for 3 months to care for sick relative so I totally understand why she's going it's just pudding me off that I'm expected to pick up the slack & loose £££ on a holiday we've saved so long to go on.

Show them your holiday booking that was made after written agreement of holiday dates.

While they are giving you reasonable notice, it would be hard for them to argue it’s a good reason if they are essentially asking you to cancel your leave so someone else can have it instead, which appears to be what’s happening, assuming the colleague with 12 weeks booked after you.
I would contact acas for advise, just so there aren’t any unpleasant surprises when you then refuse to cancel. You’ll have confirmation of your rights then.

When u dig down to the small print most employers have the right to amend cancel and tell you when you are having your holidays all depends on your terms and conditions

If they want to cancel your already booked holiday

I believe that they have to

Provide you with a certain amount of notice
So if you booked 2 weeks off
I believe they need to give you 4 weeks notice

Pay you full compensation for pre paid holiday

The rules are on www.gov.uk

https://www.gov.uk/holiday-entitlement-rights/booking-time-off-

Worst comes to the worst, go off sick.

WTF will your stupid employer do then?

But in all seriousness - find another job. This employer sounds incompetent and is playing on your loyalty. You owe them nothing.

Its all sorted now, thanks for all your advise.

I returned to work the next day, spoke to the manager & told her I wouldn't be doing full time hours. She got arsey & told me I was so I handed her my notice.
By the end of the shift she had done a lot of grovelling, I am now back on my normal hours, keeping my holiday & to make sure I'd stay I got a pay rise.
Agency staff are covering the extra shifts while more permanent staff are found.
I'm still looking for another job but at least I've got what I want here until I find something.

Well done!

👏 yay fantastic outcome

@speedingworm

Good result! I'm glad you'll still look for a better job though as you're still reporting to a bully. Hopefully you'll also have better leverage financially as no doubt you'll be going into a job with a higher salary, given your new pay rise. Good luck for the future. 🌹

Brilliant news!!