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  • FIRST POST
    • noodledoodle78
    • By noodledoodle78 17th May 17, 9:43 AM
    • 211Posts
    • 248Thanks
    noodledoodle78
    New Employment Contract
    • #1
    • 17th May 17, 9:43 AM
    New Employment Contract 17th May 17 at 9:43 AM
    Hi

    I have received a new and updated employment contract and company handbook to sign.

    I work as a manager for a company which provides amongst other things, winter gritting services, grounds and property maintenance.

    One of the updates in the new contract of employment is:
    "In normal circumstances operations staff cannot take annual leave between the months of October and March because these are usually the busiest operational months of the year for the Company and it requires therefore a full complement of staff to deliver services to customers."

    Can my company enforce a no holiday rule for six months of the year? I understand it would be unwise to book a two or three week holiday during this period, but equally well should there not be an allowance for me to have time off if it is not busy and I have adequate cover and resources in place to manage this?

    I previously was entitled to time off in lieu for any overtime worked - given that I am generally on call for 6 months of the year. They are now also looking to remove this. Given that I have no backup or support, this isn't a function that is currently easily shared. What options, if any do I have with this, or what could I propose to the company?

    There is also one final new clause:
    Short Time Working & Lay Off
    If there is a reduction in work, the Company may temporarily lay you off without pay or reduce your working hours and your pay proportionately. Depending on the circumstances you may have a statutory right to a guarantee payment.

    I have never had to sign up to something like this before. Whilst I enjoy my job, have a good relationship with everyone in the company and have over achieved on my targets, I am worried about this clause. I believe it is unlikely to happen, however you never know what may happen in the future.


    Looking for opinions and advice on how to approach this as it will be discussed tomorrow during my review.

    Thanks
    Last edited by noodledoodle78; 17-05-2017 at 10:36 AM.
    Sealed Pot Challenge No. 286
Page 1
    • getmore4less
    • By getmore4less 17th May 17, 9:52 AM
    • 28,412 Posts
    • 16,986 Thanks
    getmore4less
    • #2
    • 17th May 17, 9:52 AM
    • #2
    • 17th May 17, 9:52 AM
    if the short time is the other 6 months and everyone has holiday to use up there should be reduced need for the layoffs.

    maybe a counter proposal with annualized hours that uses the natural spread of work to even things out.

    I would want the holiday year aligning with the start of the no holiday period so the end of the holiday year is in the period I could take holidays.
    • noodledoodle78
    • By noodledoodle78 17th May 17, 10:00 AM
    • 211 Posts
    • 248 Thanks
    noodledoodle78
    • #3
    • 17th May 17, 10:00 AM
    • #3
    • 17th May 17, 10:00 AM
    Thank you for your post. That is really helpful.
    Sealed Pot Challenge No. 286
    • Undervalued
    • By Undervalued 17th May 17, 10:01 AM
    • 2,779 Posts
    • 2,511 Thanks
    Undervalued
    • #4
    • 17th May 17, 10:01 AM
    • #4
    • 17th May 17, 10:01 AM
    Hi

    I have received a new and updated employment contract and company handbook to sign.

    I work as a manager for a company which provides amongst other things, winter gritting services, grounds and property maintenance.

    One of the updates in the new contract of employment is:
    "In normal circumstances operations staff cannot take annual leave between the months of October and March because these are usually the busiest operational months of the year for the Company and it requires therefore a full complement of staff to deliver services to customers."

    Can my company enforce a no holiday rule for six months of the year? I understand it would be unwise to book a two or three week holiday during this period, but equally well should there not be an allowance for me to have time off if it is not busy and I have adequate cover and resources in place to manage this?

    I previously was entitled to time off in lieu for any overtime worked - given that I am generally on call for 6 months of the year. They are now also looking to remove this. Given that I have no backup or support, this isn't a function that is currently easily shared.

    There is also one final new clause:
    Short Time Working & Lay Off
    If there is a reduction in work, the Company may temporarily lay you off without pay or reduce your working hours and your pay proportionately. Depending on the circumstances you may have a statutory right to a guarantee payment.

    I have never had to sign up to something like this before. Whilst I enjoy my job, have a good relationship with everyone in the company and have over achieved on my targets, I am worried about this clause. I believe it is unlikely to happen, however you never know what may happen in the future.


    Looking for opinions and advice on how to approach this as it will be discussed tomorrow during my review.

    Thanks
    Originally posted by noodledoodle78
    Yes.

    Unless there are any specific contractual agreements an employer can totally dictate when you can and cannot take your holiday. Your statutory entitlement is to at least 28 days holiday per year. Taken to extreme an employer could close for 28 days per year and allow no other holiday at all! OK, they might struggle to recruit and retain staff but that is another matter!
    • General Grant
    • By General Grant 17th May 17, 11:22 AM
    • 609 Posts
    • 715 Thanks
    General Grant
    • #5
    • 17th May 17, 11:22 AM
    • #5
    • 17th May 17, 11:22 AM
    Hi

    I have received a new and updated employment contract and company handbook to sign.

    I work as a manager for a company which provides amongst other things, winter gritting services, grounds and property maintenance.

    One of the updates in the new contract of employment is:
    "In normal circumstances operations staff cannot take annual leave between the months of October and March because these are usually the busiest operational months of the year for the Company and it requires therefore a full complement of staff to deliver services to customers."

    Can my company enforce a no holiday rule for six months of the year? I understand it would be unwise to book a two or three week holiday during this period, but equally well should there not be an allowance for me to have time off if it is not busy and I have adequate cover and resources in place to manage this? As already said, they can enforce this rule.

    I previously was entitled to time off in lieu for any overtime worked - given that I am generally on call for 6 months of the year. They are now also looking to remove this. Given that I have no backup or support, this isn't a function that is currently easily shared. What options, if any do I have with this, or what could I propose to the company?

    There is also one final new clause:
    Short Time Working & Lay Off
    If there is a reduction in work, the Company may temporarily lay you off without pay or reduce your working hours and your pay proportionately. Depending on the circumstances you may have a statutory right to a guarantee payment. Look up the law for this.


    I have never had to sign up to something like this before. Whilst I enjoy my job, have a good relationship with everyone in the company and have over achieved on my targets, I am worried about this clause. I believe it is unlikely to happen, however you never know what may happen in the future.


    Looking for opinions and advice on how to approach this as it will be discussed tomorrow during my review.

    Thanks
    Originally posted by noodledoodle78
    .............
    • getmore4less
    • By getmore4less 17th May 17, 11:34 AM
    • 28,412 Posts
    • 16,986 Thanks
    getmore4less
    • #6
    • 17th May 17, 11:34 AM
    • #6
    • 17th May 17, 11:34 AM
    Sometimes it is a good idea to consult on the changes why they think they are introducing them and are there better solutions.


    if the work needs more flexibility and the option to have people not working are there other ways to do it.

    ie. if there is a mild winter are you so overstaffed people are doing nothing.

    Are the changes just generic across everyone and the reality as a salaried manager you will be able to have a bit of flexibility but the rules need to be seen to be fair to all.

    if you do get peak/trough workloads would a pool of part timers on very flexible contracts work, eg. might be some retired drivers happy to pick up the odd weeks work gritting.

    You know the business see what you can think of.
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