Unilateral Holiday Change Advice Needed

[worcester4x4]

Hi

 

First,

I want to say that some years ago I was a member, avid poster and grateful receiver of advice on CAG.

 

I can now no longer remember my username and details so I've created this new profile.

That said I have an issue to resolve:

 

I have worked here for a number of years.

I get a contractual 25 days annual leave + bank holidays + discretionary 3 days over Christmas.

 

My employer has now announced that the discretionary Christmas leave will no longer happen and that we must reserve three days out of our 25 days annual leave to cover the Christmas shutdown.

 

There is no option to come into work between Christmas and New Year - the company is shut.

Is the company entitled to impose this change?

[dx100uk]

Yes sadly

[worcester4x4]

How so?

[worcester4x4]

From a high-level point of view the change translates as a unilateral reduction of holiday entitlement by three days. I don't think I take issue with the withdrawal of the "discretionary" three days but I do certainly take issue with the compulsory use of three days of annual leave to replace it. There's no option to work over the three days as the company is formally closed.

[dx100uk]

Its been that way since the early 1990 in all councils schools colleges etc

[sangie5952]

There is no right to take any holidays when you want. In theory - and this is true for some people - the employer can dictate the dates of all your holidays. So they have to right to not give discretionary holidays. And they have the right to tell you that you must use holiday to cover periods when the employer closes. They don't have to give you any options too work.

[worcester4x4]

OK, but this change wasn't consulted upon with anyone in the company. It's a unilateral change in the terms of my contract.

[worcester4x4]

Its been that way since the early 1990 in all councils schools colleges etc

 

I don't really understand your answers. I'm trying to get an employment law viewpoint. I'm prepared to raise this as a formal grievance to my employer; if, as is likely it's ignored (or worse) would I have any grounds to take it to a tribunal.

[Emmzzi]

they are acting within the law, you have been very fortunate up until now, you are about to be less fortunate, but you have no grounds to go to an ET

[worcester4x4]

There is no right to take any holidays when you want. In theory - and this is true for some people - the employer can dictate the dates of all your holidays. So they have to right to not give discretionary holidays. And they have the right to tell you that you must use holiday to cover periods when the employer closes. They don't have to give you any options too work.

 

The company has never formally closed. I miswrote that part. In the past we have always had the "Discretionary" three days over Christmas unless there was, in any particular year, "a pressing business need to come in to work".

 

So that means that the company is open but we didn't have to come in to work under normal circumstances. Now they are saying we must take three days leave over this period, they haven't stated that the company will close over Christmas.

[worcester4x4]

they are acting within the law, you have been very fortunate up until now, you are about to be less fortunate, but you have no grounds to go to an ET

 

So you are saying the company has a right to unilaterally and without consultation change the terms of everyone's contract?

[dx100uk]

Correct

[worcester4x4]

Correct

 

If that is the case then so be it. But then what is the value of a contract of employment? I certainly don't have the right to make changes to it.

[sangie5952]

So you are saying the company has a right to unilaterally and without consultation change the terms of everyone's contract?

 

No. I am saying that they have a legal right to use their discretion to NOT give you an extra three days holiday.

 

 

And they have a legal right to tell you when you will take your holidays.

 

 

These things have always been their rights,

 

 

they were not your terms of contract and they don't have to consult you.

 

 

So they have the unilateral right if you wish to call it that

 

 

- but they have not changed any terms and had no need to consult.

[Emmzzi]

So you are saying the company has a right to unilaterally and without consultation change the terms of everyone's contract?

 

3 day off at crimbo isn't in your contract, is it? I mean in writing. Until now it's been an act of kindness, not a right.

[ericsbrother]

your only option is to refuse your salary/pay and tell them you dont accept the money because you dont accept the changes to your contract. After a month you culd refuse to work for free and it will all end up i a big fight between alwyers at everyones expense. This will only work if every employee goes along with it. Unions play their part in avoiding such disputes and that is one of the reasons why they are a good idea. a union could have negotiated some other benefit such as a small salary uplift or maybe discretionary time off at some other time like easter

[Old Cogger]

never go into Retail if you have a problem with that!

 

Do you go into shops Boxing day or within that period?