Told cant have holiday

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  • scd3scd4
    scd3scd4 Posts: 1,180 Forumite
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    edited 12 September 2017 at 9:50AM
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    To cover 24/7/52 1 person on at all times, statutory holidays(no sick cover or overlaps) with 5 people you need contractual hours of 37.7hr per week.


    168 hrs a month each. 12 hours shifts. Plus over-time and back up in high season. Its a core job with just 5 operators.
  • takman
    takman Posts: 3,876 Forumite
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    scd3scd4 wrote: »
    Yep, like I posted I understand that. I am not aware this OP works in production or the issue is "shutdowns"

    I was replying to a company telling someone when to take holidays individually.

    Incidentally. We have a two weeks shut down mid year and one at xmas and don't get told when to take holiday.

    But if you have a two week shutdown presumably everyone has to use two weeks holiday up so you ARE being told when to take your holiday. Personally i wouldn't like that idea at all but I know some people don't mind it.


    Musle750 what did you hope to achieve by posting this thread or did you just want to have a little rant?.

    I assume you already knew the legal side of things and also know that some people are in better situations and some are in worse situations when it comes to holiday.
    Where I work holiday approval varies alot even between departments. "Direct" employees have to book certain dates well in advance and there is a strict number of people allowed off each day (unless they have a good reason). "Indirect" employees have similar rules but there is far more flexibility because we manage our own workloads and have a good understanding of staffing levels required.

    But the best "advice" I can give you is to work out what holidays you want next year and book them now or as soon as possible.
  • scd3scd4
    scd3scd4 Posts: 1,180 Forumite
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    edited 12 September 2017 at 9:47AM
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    takman wrote: »
    But if you have a two week shutdown presumably everyone has to use two weeks holiday up so you ARE being told when to take your holiday. Personally i wouldn't like that idea at all but I know some people don't mind it.


    No, we can come in and assist. We are part of the shutdown but can still take holiday as normal. The point I was making is shut down does NOT mean you have to take compulsory holiday.

    Shut down does not have to mean everything if turned off. Maintain has to be undertaken at least once a year on heavy or complicated plant.
  • jobbingmusician
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    scd3scd4 wrote: »
    No, we can come in and assist. We are part of the shutdown but can still take holiday as normal. The point I was making is shut down does NOT mean you have to take compulsory holiday.

    Shut down does not have to mean everything if turned off. Maintain has to be undertaken at least once a year on heavy or complicated plant.

    Obviously this varies from company to company, and from role to role, though. Isn't that just common sense?
    I was a board guide here for many years, but have now resigned. Amicably, but I think it reflects very poorly on MSE that I have not even received an acknowledgement of my resignation! Poor show, MSE.

    This signature was changed on 6.4.22. This is an experiment to see if anyone from MSE picks up on this comment.
  • scd3scd4
    scd3scd4 Posts: 1,180 Forumite
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    edited 12 September 2017 at 1:04PM
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    Obviously this varies from company to company, and from role to role, though. Isn't that just common sense?

    Who said it doesn't or isn't? I made a comment, someone tried to correct me and I corrected them about how MY company works.

    The original point which is getting lost but not by me. Is I have not heard of a company who allocate holiday individually. Telling Bod when to take hes leave and John hes. I know what happens at Fords and large manufacturers. But the OP doesn't work for their likes so the comparison is meaningless. Most companies don't tell individuals when to take their holidays.
  • takman
    takman Posts: 3,876 Forumite
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    scd3scd4 wrote: »
    No, we can come in and assist. We are part of the shutdown but can still take holiday as normal. The point I was making is shut down does NOT mean you have to take compulsory holiday.

    Shut down does not have to mean everything if turned off. Maintain has to be undertaken at least once a year on heavy or complicated plant.

    I know of a few local manufacturing companies who are pretty small and when they have an annual shutdown it is literally a whole site shutdown. Everybody has to take the 1 - 2 weeks off as holiday and has no choice about coming in.
    But even if 1 or two people wanted to come in they simply couldn't do their job because other members of staff who support them would not be there.

    scd3scd4 wrote: »
    Who said it doesn't or isn't? I made a comment, someone tried to correct me and I corrected them about how MY company works.

    The original point which is getting lost but not by me. Is I have not heard of a company who allocate holiday individually. Telling Bod when to take hes leave and John hes. I know what happens at Fords and large manufacturers. But the OP doesn't work for their likes so the comparison is meaningless. Most companies don't tell individuals when to take their holidays.

    The OP isn't being told when to take their holidays, all they have been told is that the dates they have tried to book are unavailable. So they will have to book some other days where less people are off.
  • scd3scd4
    scd3scd4 Posts: 1,180 Forumite
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    Muscle750 wrote: »
    Ive submitted my holiday form 2 months before i want to take them ive been told i cant have them because someone else is off, My holidays run from Jan to Dec and i get 30 days a year (yes im lucky). However with staffing levels as they are (skeleton) Surely its not my problem that they cant allow me to have my holidays when i want to take them, this isnt the first time ive been asked to work instead but im just getting fed up of it now.

    Mate, at my work the Union would not entertain issues with staff numbers preventing holidays. If they are understaffed, sickness or recruiting. Thats HRs problem regardless of if some on here like it or not. To be frank you need to get smart.

    Get in early. Have at least two holiday dates to full back on. Get holiday approved in writing or email before you book anything. At my work we do a lot of compromising. Someone wants a birthday off and swaps with a weekend or a bank holiday......
  • scd3scd4
    scd3scd4 Posts: 1,180 Forumite
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    edited 12 September 2017 at 1:24PM
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    takman wrote: »
    I know of a few local manufacturing companies who are pretty small and when they have an annual shutdown it is literally a whole site shutdown. Everybody has to take the 1 - 2 weeks off as holiday and has no choice about coming in.
    But even if 1 or two people wanted to come in they simply couldn't do their job because other members of staff who support them would not be there.




    The OP isn't being told when to take their holidays, all they have been told is that the dates they have tried to book are unavailable. So they will have to book some other days where less people are off.

    Already explained and answered numerous times.
  • takman
    takman Posts: 3,876 Forumite
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    scd3scd4 wrote: »
    I have already said I know this. I was answering to how I work in my company not others..........now I have explained it again.

    No one said he was being told. The reply was to some telling him companies can tell you when to take holiday. That is true but not in the type of work he does. Hence saying it means nothing then and still mean nothing.

    Have you missed the practical advice we are giving him........I am not playing Top Trumps!

    It doesn't matter what type of work the OP does the law states that the employer can tell him when he has to take his holidays. So this means he has no legal right to challenge them refusing his holiday request. It doesn't matter what any other company does that is the law and nothing will change that.

    I have given the OP the best advice i can think of in a previous post:
    takman wrote: »
    But the best "advice" I can give you is to work out what holidays you want next year and book them now or as soon as possible.
  • scd3scd4
    scd3scd4 Posts: 1,180 Forumite
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    edited 12 September 2017 at 1:54PM
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    takman wrote: »
    It doesn't matter what type of work the OP does the law states that the employer can tell him when he has to take his holidays. So this means he has no legal right to challenge them refusing his holiday request. It doesn't matter what any other company does that is the law and nothing will change that.



    No not necessarily there are still rules......

    Under European law, the right to take holiday is based clearly on the need to protect workers' health, safety and welfare. It is unlawful for employers to put excessive or unreasonable hurdles in the way of workers who want to take their holiday.

    It has to be non discriminatory and has to give notice....

    European law expects employers to make the rules as clear as possible, to have a clear justification for them, and to operate them consistently and fairly.

    Many people have contracts on how their holidays work and how they are to be taken. Your boss can not just arbitrarily trump that, regardless of what he thinks he can do.


    So if you think bosses can do what they want to who they want then you are wrong and thats not the law. There are a multitude of conditions.
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