Employment law

woodchopper | 19:17 Thu 31st May 2012 | Civil

16 Answers

I work for a distribution company driving an HGV. this evening we received a letter stating that " due to a downturn in volumne of work and trading of our customers, the company has taken the decision to request that you take Tuesday 5th June as a days holiday from your annual leave entitlement.
This letter serves as notice of the company's intention to implement same".

Can they force me to take a holiday out of annual leave entitlement?

My contract states that where work is temporarily stopped for any reason beyond the control of the employer you may be temporarily laid offf without payment.

Land

Another disgrutled HGV driver.

Answers

1 to 16 of 16

tonywiltshire

Best Answer

They are probably referring to the working time regulations 1998/2012.
Unfortunately, as has been said, your employer can dictate when you should take a holiday as long as is not discriminatory (direct or indirect) and two days notice for each day of holiday is given.

10:14 Fri 01st Jun 2012

Go To Best Answer

factor-fiction

Companies can decide when you should take holidays.

factor-fiction

I think they should have given ore notice though- and what would happen if you'd already booked agreed holidays for later in the year and used up your entitlement

buildersmate

As your paragraph 3 Q provides in your contract for the employer to lay you off without pay if work is temporarily stopped, it is presumably an option for you to ask to take the 5th June as unpaid. Have you asked?

woodchopper

Question Author

have asked and they said they can force me to use a day out of my annual leave entitlement

woodchopper

Question Author

under what law can they force me to take a days leave?

bednobs

you bosses could dictate that you have your annual leave at whatever time they like - they could make you take it as single days spread over the year, or as one block if they wanted - as long as you have had the statutory minimum, that's enough.

tonywiltshire

Johnysid

Damn economy. I would check that the company really is doing badly, if they cannot afford to pay then a tribunal would be disinclined to find in the worker's favour. Bank holidays are not "beyond the control of the employer" and if it has been customary to pay bank holidays then they are an implicit part of your contract and the company cannot make them covered by "holiday pay". If the company can pay then all staff should get together and write to the employer stating that there is a breach of contract.

buildersmate

Nice idea, unfounded in law. You are kite-flying.
In addition the 5th June 2012 is a public holiday, not a bank holiday; it makes a difference.

Johnysid

It could be worth seeing if the kite will fly..there must be some free legal advice somewhere.

tonywiltshire

BM and others have given very helpful and correct legal advice.
Unfortunately this kite will not fly.

flitty

they are not laying yopu off if they are paying you. whenever there is a change in terms and conditions you must receive 90 days notice of their desire to do so

Prudie

I'm a civil servant who has apparently more bank and privilege hoildays than anyone else but there are 2 occasions in the year when we are made to take annual leave by force. if they can do it then I'm sure a private business can!

factor-fiction

There are 12 weeks in the year when I am forced to take holidays.