forced to use annual leave

workingforanunfairboss

My boss has just informed us that he will be closing on 29th April 2011 as he won't make any money that day and that we must take the day as annual leave, our contracts do not say he can do this, I dont want to use annual leave for 'odd' days, can he make me do so?

Forwandert

What is your companies policy on working/not working bank holidays? as 29th is a bank holiday not a 'odd day'.

workingforanunfairboss

Our contracts say we get 20 days holiday per year plus 8 bank holiday day, we get the legal minimum, and he lists the bank holidays such as Easter Monday, Christmas day etc. The contract also states that we have to keep 4 annual leave days for the close down over Christmas and the New Year, but nowhere does it say that he can declare any other day a close down day. He has told us he is not treating 29th April as a public holiday and he is not paying us for it but has told us he is closing the company and that we have to take it as annual leave, we dont want to be forced to take it, we have accepted that our contracts mean we dont have to be paid, but he is going outside our contracts to force us not to work.

getmore4less

An employer can tell you when to take all your holidays if they want.

Thats the law so no need for it to be in contracts.

paddedjohn

Im afraid your boss is within their rights. They can dictate when you take your holidays if they so wish and can even tell you when you are having the rest of them off.

workingforanunfairboss

Great!! Thanks to the government I am the loser as usual! The boss wins every time, I get minimum wage, get told when I can take time off, no perks, and I have just read all of my contract and apparantly overtime is also mandatory (he has to give 48 hours notice) and apparantly its unpaid as well so looks like I can say farewell to my weekends! AArrrgg....sorry to rant

Uncertain

workingforanunfairboss wrote: »

Great!! Thanks to the government I am the loser as usual! The boss wins every time, I get minimum wage, get told when I can take time off, no perks, and I have just read all of my contract and apparantly overtime is also mandatory (he has to give 48 hours notice) and apparantly its unpaid as well so looks like I can say farewell to my weekends! AArrrgg....sorry to rant

Hang on a moment.....

Subject to a few restrictions the employer can tell you when you can or cannot take holiday.

He cannot however make you work unpaid overtime, certainly if this would take you below the national minimum wage. That would be illegal regardless of what is in your contract!

getmore4less

workingforanunfairboss wrote: »

Great!! Thanks to the government I am the loser as usual! The boss wins every time, I get minimum wage, get told when I can take time off, no perks, and I have just read all of my contract and apparantly overtime is also mandatory (he has to give 48 hours notice) and apparantly its unpaid as well so looks like I can say farewell to my weekends! AArrrgg....sorry to rant

Thats not legal, they cannot have you do overtime unpaid since it takes your average pay below minimum wage.

Keeping_Positive

Isnt the 29th a BH therefore he has to pay you for it. He would if he didnt give the minimum holidays though. Its 20 days plus bank holidays so to me that means the 29th should be paid.

duchy

Depends on the contract -lots of contracts stipulate which bank holidays are paid and you can go whistle for the others.

Uncertain

Keeping_Positive wrote: »

Isnt the 29th a BH therefore he has to pay you for it. He would if he didnt give the minimum holidays though. Its 20 days plus bank holidays so to me that means the 29th should be paid.

This is a good point.

However it would depend on the EXACT wording of the contract.

If it says 20 days plus all bank holidays then yes.

but

If it says 20 days plus the usual eight bank holidays then no.