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Employment Law and Xmas holidays?
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Old 16-12-2004, 15:42   #1
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Employment Law and Xmas holidays?

Does anyone know what employment law says for the week between xmas and new year?

My place of work are locking the doors on thr 24th and not opening them again until the 4th. Hence making me unable to attend my place of work during the non-bank holiday days during xmas week.

My employer therefore has told me that I have to use 3 of my annual holiday allowance for the 3 days.

How is this legal? How can I be forced to lose 3 of my days when the company isn't even going to open its doors? Shouldn't the company lose out if they choose not to open their doors?

Advice please, is it either live with it or what...?
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Old 16-12-2004, 15:49   #2
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Re: Employment Law and Xmas holidays?

Think it's down to your contract
http://www.dti.gov.uk/er/bankfaq.htm
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Old 16-12-2004, 15:51   #3
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Re: Employment Law and Xmas holidays?

Quote:
Originally Posted by Caspar
Does anyone know what employment law says for the week between xmas and new year?

My place of work are locking the doors on thr 24th and not opening them again until the 4th. Hence making me unable to attend my place of work during the non-bank holiday days during xmas week.

My employer therefore has told me that I have to use 3 of my annual holiday allowance for the 3 days.

How is this legal? How can I be forced to lose 3 of my days when the company isn't even going to open its doors? Shouldn't the company lose out if they choose not to open their doors?

Advice please, is it either live with it or what...?
Mine does the same, I have never been sure about this because I have always looked forward to the time off after years of being on-call etc.

I think it does however state in our contract of employment that we must save these days out of our holidays as the company operates a shutdown at chistmas.
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Old 16-12-2004, 15:51   #4
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Re: Employment Law and Xmas holidays?

I would say the same, last 2 jobs held holidays back for in case of, right or wrong
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Old 16-12-2004, 15:52   #5
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Re: Employment Law and Xmas holidays?

So what if the contract doesn't mention anything about Christmas week?
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Old 16-12-2004, 15:55   #6
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Re: Employment Law and Xmas holidays?

And what about notice? I was only told this today
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Old 16-12-2004, 15:56   #7
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Re: Employment Law and Xmas holidays?

Unless it is stated in your contractual agreement that you have to hold back holidays for a period of closure over Christmas I would think that you have good grounds to complain as you are willing to go to work but they are stopping you from doing so.
Was the holiday situation never mentioned to you at all during your interviews and or contract signing?
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Old 16-12-2004, 16:05   #8
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Re: Employment Law and Xmas holidays?

My company originally gave us all 23 days, but then decided that they would shut down over the Christmas break - and that we would need to hold back 3 days. As a sweetner they increased the holiday allowance to 25 days, which was fine for me, since I took that time off anyway.

It was a change to our employment terms and as such, we had to sign an amendment to our contract.

The company cannot force you to do something like that without you signing for it.
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Old 16-12-2004, 16:06   #9
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Re: Employment Law and Xmas holidays?

The first this was mentioned was today.
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Old 16-12-2004, 16:10   #10
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Re: Employment Law and Xmas holidays?

Quote:
Originally Posted by Paul
Think it's down to your contract
http://www.dti.gov.uk/er/bankfaq.htm
Does anyone have a link that take this document further, it just mentioned Christmas but only in the pasing tense

Need something explicitly on thr Christmas and New year...
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Old 16-12-2004, 16:45   #11
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Re: Employment Law and Xmas holidays?

The following link looks to relevant:
http://www.adviceguide.org.uk/index/...oliday_pay.htm
particularly the section headed "can you choose when to take holiday" and "what notice must be given before you take holiday" beneath it.

Hope that helps.
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Old 16-12-2004, 16:47   #12
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Re: Employment Law and Xmas holidays?

I've been told I can either work those days at home, but then lose the 3 days cause holidays don't carry over. Plan a 3 day work scedhule and get that agreed or just take the 3 days holidays.

So one option is to work those days at home over xmas week, but take my 3 days next week instead
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Old 16-12-2004, 16:50   #13
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Re: Employment Law and Xmas holidays?

Quote:
Originally Posted by Caspar
So what if the contract doesn't mention anything about Christmas week?
Does your company have an employee handbook or similar that states what the holiday arrangements are? It may not be specifically written in your contract but your contract may say employment is subject to the handbook.
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Old 16-12-2004, 16:50   #14
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Re: Employment Law and Xmas holidays?

http://www.acas.org.uk/rights/pay.html#4 or http://www.acas.org.uk/publications/al03.html

Quote:
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.
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Old 16-12-2004, 17:22   #15
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Re: Employment Law and Xmas holidays?

Our place is closed friday 24th , saturday 25th and sunday 26th.

So if any of the sales staff had say a mon,tues,wed or thurs as their regular day off its been cancelled. go figure.
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