christmas holidays

[cris r]

The place I work (retail) has a note in there hand book that says you can not take any holidays over christmas and new year. I work, or im suppose to work 16 hours a week (i have been working 26 ) My husband has just informed me that we are going away for new year and that i should just tell them I am having the holiday as i only work part time and they can not dictate when i use my holidays. I did inform them In my interview that as im getting on now 50 ( I dont look it )this job has to fit around my family life. They also know we have a second home in spain, usually they are good giving me my days off back to back so i dont use all my holidays up what do you think will I be handing My notice in, I really like my job would it have to go to head office

[cris r]

unfortunatly no it is just pocket money as he puts it he erns the real money

[THECORBYLOON]

Employers CAN dictate when folk take their holidays. This is what it says on the ACAS website-

"What restrictions may an employer place on the taking of holidays?

Restrictions on taking holidays may be expressly stated in the contract of employment, implied from custom and practice or incorporated into individual contracts from a collective agreement between the employer and trade union(s).

Employers may choose to:

shut down for certain periods during which all or some groups of workers have to use their annual holiday entitlement

nominate particular dates as days of closure, when workers are expected to take annual leave (for example, over the Christmas and New Year period)

determine the maximum amounts of leave that can be taken on any one occasion and also the periods when leave may be taken.

Any clash of requested holiday dates may be resolved by management - for example, by considering the particular circumstances of the individuals concerned as well as the needs of the business or by other means such as drawing lots or agreeing 'first come, first served'.

In the absence of an agreement on the taking of leave, the provisions of the Working Time Regulations 1998 apply:

an employer can require a worker to take all or any of the leave to which a worker is entitled at specific times, provided that the worker is given prior notice. The notice period should be at least twice the period of leave to be taken. For example, employers wishing to have a Christmas shut down spanning one week would have to give at least two weeks' notice to their workers."

[Hermia]

I think it is very common for employers to ban or restrict people taking holiday over Christmas. Every place I have worked in has put some sort of restriction on it otherwise they would end up short-staffed.

[Sasha13]

You can ask them if it's possible.

They may say yes.

You certainly have no right to demand it.

I'm suprised they employed you if you said 'this job has to fit around my family life' - most retailers want you to be flexible as retail is so varied.

Would it have to go to Head Office? No, as I say you have no right to demand that you can take this holiday - Head Office will tell you exactly the same as the store and are very unlikely to overrule a decision made by the Store Manager - and rightly so.