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oakey93

Forced to take extra holiday without pay

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My partners work place has just sent him an e-mail(he's on holiday) telling him that he has to take an extra 3 days holiday in 1 July, 1 Aug, 1 Sept without pay so that they can balance their books, there has been no consultation on this, is it legal, can they really do this?

He is to recieve a form when he returns to work. This is on top of all his annual holiday's.

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Guest Old_andrew2018

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They are effectively witholding pay which would be a breach of contract. The only legitimate reason they could do this, as far as I know, would be through unforseen circumstances causing the business to shut down temporarily.

 

Don't want to fob you off but ACAS would be the best place to double-check since I can only give an opinion...should be a nice easy one for them to answer.

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Provided no express term exists in your contract / employee handbook / collective agreement prohibiting this, the default position under the WTR is that an employer can dictate when an employee takes statutory holiday entitlement - subject to the '2 for 1' rule.

 

i.e. if they wamt you to take one week, they must give you not less than 2 weeks notice

 

Che


...................................................................... [FONT=Comic Sans MS]Please post on a thread before sending a PM. My opinion's are not expressed as agent or representative of The Consumer Action Group. Always seek professional advice from a qualified legal adviser before acting. If I have helped you please feel free to click on the black star.[/FONT] [FONT=Comic Sans MS] I am sorry that work means I don't get into the Employment Forum as often as I would like these days, but nonetheless I'll try to pop in when I can.[/FONT] [FONT=Arial Black][FONT=Comic Sans MS][COLOR=Red]'Venceremos' :wink:[/COLOR][/FONT][/FONT]

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I'm not sure I understand what you're saying Elche. I may just be tired and being thick...but this isn't to do with statutory holiday since it's unpaid. If they were allowed to tell you to take unpaid holiday then what's to stop them effectively making you redundant by telling you to take 2 years unpaid holiday?

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Sorry - just realised that the title of the thread was , "holiday without pay'

 

Thus with pay yes they could do this as holiday - without pay they may be able to do this via a 'lay off clause'

 

One MUST exist as an express term of your contract if they want to lay you off for the day.

 

You would be entitled to stat guarantee pay for the day laid off £21.50.

 

If no 'lay-off' clause existed then they would be in breach of contract if they did this.

 

Sorry for the confusion.

 

Che


...................................................................... [FONT=Comic Sans MS]Please post on a thread before sending a PM. My opinion's are not expressed as agent or representative of The Consumer Action Group. Always seek professional advice from a qualified legal adviser before acting. If I have helped you please feel free to click on the black star.[/FONT] [FONT=Comic Sans MS] I am sorry that work means I don't get into the Employment Forum as often as I would like these days, but nonetheless I'll try to pop in when I can.[/FONT] [FONT=Arial Black][FONT=Comic Sans MS][COLOR=Red]'Venceremos' :wink:[/COLOR][/FONT][/FONT]

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hehe figured it was just a misunderstanding. Thought I'd better check though since you're usually on the money with what you say :p

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