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Original poster

Christmas shutdown & annual leave

9 replies

Notreallyawaitress · 18/12/2023 08:46

I work for a small family business that has decided to shut for three weeks over Christmas. Another member of the team has been told that all remaining holiday will be paid in January’s pay. The leave year runs until the end of March. Can they do this? I think not, as they haven’t given us sufficient notice - it was only confirmed we would be shut for 3 weeks a fortnight ago, with no discussion about using up remaining annual leave.

OP posts:
Doggymummar · 18/12/2023 08:48

Read your contract and if not talk to a solicitor or ACAS. We can't see your contract so can't advise. All I can say is I worked somewhere that did this and our contract said we had to save 3 days for twixmas and the rest was given.

Original poster
Notreallyawaitress · 18/12/2023 08:52

No written contract, which is a whole other issue…

OP posts:
InterSteller · 18/12/2023 08:54

Legally, employers can dictate when you have to take annual leave but they have to give you double the amount of notice as the number of days they require you to take. Ie 4 days notice of 2 days leave.

Rocknrollstar · 18/12/2023 08:55

If you don’t have a written contract they can do what they want. I suggest you use the time off to find alternative employment.

MintJulia · 18/12/2023 09:00

@InterSteller is right, they can dictate when, but they have to give you more notice.

It sounds like they are short of work over Christmas, and are trying to cut costs but increase resource for the new year. I'd use the time to enjoy Christmas, have a rest but check the job boards too.

PickledPurplePickle · 18/12/2023 09:00

So the Christmas break will be taken from your leave and you will still have leave left after this?

Is this the first year they have closed like this?

Original poster
Notreallyawaitress · 18/12/2023 09:22

This is their second year of business - similar happened last year when I requested 12 days leave over Christmas but a ‘mistake’ with their accountant meant that 16 days were taken. They shut for 3 weeks so they could take a family holiday.
Time to look for something else.

OP posts:
SumthingAndNuthing · 18/12/2023 09:28

Rocknrollstar · 18/12/2023 08:55

If you don’t have a written contract they can do what they want. I suggest you use the time off to find alternative employment.

If you don’t have a written contract or written statement I would contact ACAS

https://www.acas.org.uk/employment-contracts-and-the-law

Initially I thought it was illegal to not have an employment contract, but that isn’t the case, you do have the right to a written statement though.

What an employment contract is - Employment contracts and the law - Acas

Advice on what an employment contract is and different types of terms.

https://www.acas.org.uk/employment-contracts-and-the-law

Neriah · 18/12/2023 11:00

Notreallyawaitress · 18/12/2023 09:22

This is their second year of business - similar happened last year when I requested 12 days leave over Christmas but a ‘mistake’ with their accountant meant that 16 days were taken. They shut for 3 weeks so they could take a family holiday.
Time to look for something else.

If this is their second year of business then I guess you have less than 2 years service? In which case they can dismiss you and anyone else who objects with impunity, and force you to take holiday in your notice period. So yes, time to look for another job. It doesn't sound like things will change.

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