Not allowed to take annual leave for snow day

[taz_in_2001]

Hi,

 

My partners boss have stated that nobody can claim their annual leave for the past snow day as they were not pre-booked.

 

Is this allowed to happen

 

Thanks

[Ell-enn]

That's just downright unreasonable ! are they going to provide every employee with a crystal ball for future weather emergencies?

 

So do they have to take it unpaid?

[taz_in_2001]

That's just downright unreasonable ! are they going to provide every employee with a crystal ball for future weather emergencies?

 

So do they have to take it unpaid?

 

Yes it has come from the big boss, he stated today that anybody that was not able to attend work Wednesday was not allowed to claim this time off as annual leave as it was not pre-booked before hand so everyone that was absent from work HAS to take unpaid leave.

 

I think this is disgusting behaivour from a big security company

Edited January 8, 2010 by taz_in_2001
wrong day stated

[elpulpo]

was the business open or closed?

[taz_in_2001]

was the business open or closed?

 

The place where he works was open because cardiff council is much better then Rhondda council, we live at the top of a steep hill that was like a sheet of glass, we are under around 5 inches of snow, today the sun was lovely but not a drop has melted.

 

Cardiff was fine although they did close early, the other employees were ok because they live in or around cardiff

[Ell-enn]

Apart from the fact that it's unreasonable - it's a particularly silly move by the employer, hasn't it dawned on him that those who took holiday now have one less day this year that he has to plan for!

 

All employees where I work were allowed to take holiday for the days they couldn't get to work.

[hammyhound]

Employers will face a sticky wicket if they dont pay as it would be classed as unauthorised deduction from pay and could land employers with an ET claim - that's not my professional advice BTW but an employment lawyer. They have to warn you beforehand that if you took the time off you would not be paid - maybe they should have had a crystal ball as well!!!

[teaboy2]

yep you are entitled to be paid for the day you took off due to the snow.

 

Heres a post from Elche in another thread that you can locate here.

 

Point A which i have highlighted in red is what would apply to you. There's also some information about using the time as annaul leave too

 

Quote:

Originally Posted by creditcruncha

If a school is closed due to bad weather, and thus there is no opportunity for a teacher to work, is a teacher entitled to pay for that cancelled day?

 

The current exceptional weather raises interesting questions in employment law.

 

In order to attempt to answer your question it is important to firstly make one point clear.

 

There are 2 circumstances that an employee could face due to the snow:

 

a) I cannot attend my workplace or:

b) I could attend my workplace, and am prepared to do so, but my employer has told me not to because they are shut due to the weather.

 

Point B is clearer - The employee has been 'laid off' for the day. This lay off was either permitted by a term of the contract (or custom and practice), and as such the employee is entitled (as a minimum) only to stat guarantee pay @ £21.50 (or such amount as was specified in relevant term of the contract); or there was no such contractual entitlement, and as such the employee willing and able to attend the workplace should be paid approximately their entire salary due.

 

Point A - Is a moot point, and I have heard a solicitor specialising in employment (a partner nonetheless) on PM radio 4 yesterday and today defend the position that not to pay in such circumstances could be viewed as an unlawful deduction from wages.

 

After hearing this on my way home, I nearly rang in work on to apologise for my poor advice as I had been telling clients all day, 'If an employee does not attend work due to snow, then technically they are in BOC and have no right to payment of wages'

 

I think the point is arguable either way and may depend on how the 'Payment of Wages' clause is worded in your contract, but I still prefer the general position that, 'If your workplace is open on a day you are contractually obliged to attend work, then, should you not attend, then you are in BOC and cannot rely on the same contract to demand wages for that day'

 

Quote:

Originally Posted by creditcruncha

Normally a (harsh) employer can insist that snow (or similar bad weather) days not worked be taken as annual leave (provided such policy is in the contract, or published in advance);

 

I wouldn't necessarily agree. The employer's position that you allude to would definitely be permissible if the contract provided for such AND the leave that would be taken was contractual entitlement to annual leave above the statutory minimum (i.e. normally those days above 28pa for FT employee)

 

As regards statutory entitlement to annual leave, this can only be imposed if the correct notice is given the '2 for 1 rule' (my phrase). i.e. if an employer wants to force annual leave on an employee that represents part of that employees entitlement to annual leave under the WTR ( i.e. the 28 days for FT worker), they must give that employee twice the notice of the leave they want you to take.

 

Thus if they want you to take 1 week, they must give you 2 weeks notice.

 

Hope this partially helps - and I must add that some issues regarding non-attendance at work due to snow are potentially argued more than one way legally right now, and often may turn on the wording of that particular employee's contract - and as such generalisations are difficult.

 

Che

[monkeychicken]

Elche rules!