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Original poster

Work closing extra days for Christmas

17 replies

fourplusfour · 01/12/2023 22:36

DP told today that his work is closing an extra week at Christmas this year. Their leave year goes from 1st January. DP saved leave for the usual closure but doesn't have any extra. Employer wants to take leave from next year's allowance. Can they do this? Can they make him take unpaid leave?

OP posts:
Boomer84 · 01/12/2023 23:00

That doesn’t sound fair at all, especially saying that so close to Christmas. Not sure on legalities but sounds dodgy to me.

MissBuffyAnneSummers · 01/12/2023 23:01

Don't know but we close and the extra leave is gifted to us and no one is required to use annual leave. We

MikeRafone · 01/12/2023 23:03

Is the business struggling?

Miscellaneousme · 01/12/2023 23:10

No I don’t think they can as then he then will be at a disadvantage next year, and what’s to stop them doing this over and over. He should get advice from ACAS.

Chasingsquirrels · 01/12/2023 23:12

Missed the bit about it being from next year's leave. Are they closing the week before rather than the week after NY?

pastypirate · 01/12/2023 23:19

Really depends what the existing leave policy says and the Xmas leave policy. Unless they have published a new policy this sounds quite shady.

This should have been considered when his leave was authorised back along. I mean by his employer. If his leave was authorised in may 23 for example and they brought in this new policy in November 23 I'm not sure they can enforce it this year. Next year they can I would assume.

Grimchmas · 01/12/2023 23:21

Be thankful it didn't go the opposite way like my employer did last year and you had to find childcare last minute around Christmas and New Year 🙃

Original poster
fourplusfour · 02/12/2023 00:44

Usually the business closes between Christmas and new year, this year they want to close the week before too. Not really a problem except for the fact that DP has only one week annual leave left. Had they told him earlier in the year he would have kept back more.
He doesn't really want to use next year's leave as it's needed for childcare so is left with asking for it to be unpaid. I guess his question is can his employer make him take it unpaid?
It all sounds a bit last minute to me and I suspect as a pp has said, the business is struggling.

OP posts:
DelphiniumBlue · 02/12/2023 00:54

Don't ask for it to be unpaid, he needs to say he doesn't want to take leave then, and can't use next year because of childcare. Their request is not reasonable. He has made himself available to work then.
What does his contract say? The usual is that is has to be agreed by both parties in advance, but his might be different- some contracts specify time at Christmas, or other times.
Check the contract then speak to ACAS before contacting the employer again, so that he knows what his rights are.

ChristmasBarginShop · 02/12/2023 01:05

How many days al does he get per year?

Depending on that, wouldn't it be illegal to use the following years "allowance" as he would fall below the legal minimum?
He also needs to check his contact, I am sure, he won't be able to move al days forward, as it would say holidays are calculated from X to Z and have to be taken in this time period.

He needs to say, either he's happy to take it unpaid or that he's happy to go to work (sweeping the floor if necessary), one of the proposed weeks.

CombatBarbie · 02/12/2023 01:09

I'm firmly in the "if the employer changes the goal posts, they pick up the bill" so he should be gifted the extra days.

I would just tell them, no sorry, that doesn't work for me. He won't be the only one unless it's a tiny business. If they do it unpaid I'd be looking for a new job

legolandlovers · 02/12/2023 08:46

I'm with @ChristmasBarginShop doing this could take him below minimum statutory holiday entitlement for the following year especially since it's the week before.

Original poster
fourplusfour · 02/12/2023 09:11

He only gets four weeks holiday. I did say to him that will take him below minimum next year. I'll get him to dig out his contract and as pp suggests not volunteer to take it unpaid.

OP posts:
LuckyOrMaybe · 02/12/2023 19:09

If their leave year goes from Jan 1, why would anyone have leave left to use that week? Other than probably smaller numbers with time already booked off then.

Mountaindhew · 02/12/2023 19:14

No one will have the extra leave unless they had planned to be off anyways.

FUPAgirl · 03/12/2023 09:18

Op this definitely isn't right. Don't suppose he's in a union?

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