Hours of work/Holiday pay?

sar050680

Hi guys, I'll make this as short and sweet as I can.

I work in a small factory with 17 others and most have worked there between 10 & 20 years. We work 39 hrs a week, Mon-Fri.

Nine weeks ago our Manager calls a meeting, on a Monday morning and tells us that there will be no work for us on Fridays for the coming weeks or until orders pick up. He tells us that if we wish we can use our holidays for the Fridays so we don't lose any money.

Six weeks later a fellow worker brings in a letter from the CAB saying if we're contracted 39 hrs a week, but only work 32 due to the 4 day week then the Company has to pay us 39 hours?

The following week we were put back on 39 hours/five days a week. We still are but work is struggling at times. We are trying to claim back the holidays we used (7 days for me), the Manager says we agreed to four days a week we can't claim any back, we didn't agree, but we didn't object either.

My questions are;

1, Have the Company acted within the employment law by putting us on 4 days a week with 4 days verbal notice?

2, Do we have a case in claiming back our used holidays?

Any advice would be a great help, TIA, Paul.

SarEl

Hmm - probably not since in law you did agree. The company probably had no right to lay off staff, but by not objecting I think it is reasonable to infer that you agreed. The company quite properly corrected the position once someone "objected" - which they were legally right to do. But you cannot back date an objection. And unfortunately I have to point out that if work does not pick up this will inevitably lead to the next stage - redundancies. If the employer had been a little wiser they would have come to you in the first instance with the choice - lay-off or redundancies, Had you then chosen the lay off they would have been within their rights to do what they did.

paddedjohn

the employer can tell you when to take holidays to suit the needs of the business, in my view the company have done nothing wrong since they were still paying you your contracted rate of 39 hrs.

ikati5

http://www.acas.org.uk These guys have all employment answers

paddedjohn

ikati5 wrote: »

http://www.acas.org.uk These guys have all employment answers

But not always the correct ones.;)

sar050680

I know I'm biased but it seems they've pushed and pulled us about and we have no rights, imo of couse. Some of the workers want to fight this but on your advice that would be pointless wouldn't it?

sar050680

ikati5 wrote: »

http://www.acas.org.uk These guys have all employment answers

This is another place we have had some advice, they told us we should have been given 30 days notice to be put on 4 days a week, something our Manager totally dismissed today. What are supposed to do next?

Hammyman

That is SHOULD, not MUST.

Your problem is that the company can claim they merely told you that you had to take your holiday every Friday for the weeks in question. You had the time off and you've been paid so you have not lost out.

Leave it be. You can fight it til the cows come home. It'll cost you time, money, your own wellbeing and possibly jeopardize your job especially as everyone else has been there longer and it is usually last in, first out when the redundancy hammer hits.

McKneff

You have been there some years now, as have others.
Your company is in difficulty, what you need to do is help them out, it hasnt cost you anything.

Your loyalty now (all of you) may save a few jobs in the future.

Would you rather have had 5 days work and see 5 people made redundant. (including possibly you)

Some of you who keep on stirring it could actually shut the company down, if they have less work, they have less cash flow, but the overheads stay the same.

sar050680

McKneff wrote: »

You have been there some years now, as have others.
Your company is in difficulty, what you need to do is help them out, it hasnt cost you anything.

Your loyalty now (all of you) may save a few jobs in the future.

Would you rather have had 5 days work and see 5 people made redundant. (including possibly you)

Some of you who keep on stirring it could actually shut the company down, if they have less work, they have less cash flow, but the overheads stay the same.

I personally think we should have stayed on 4 days a week, but it's the Management that have made all the decisions, putting us on 4 days, then back to five when challenged. All we have asked of them is can we have our used holidays back, only to be told 'go find out yourselves if you can legally'. Hence the CAB and ACAS ref in earlier posts.

As for supporting the Company, most of the people working there, myself included, have bent over backwards to help them for many years, we've been well paid for it too, but sometimes you have to make a stand don't you? Anyways, looking at the advice earlier we don't have a leg to make that stand.

McKneff

You are asking for your holidays back, why, you have been paid for them.

By all means ask for your holidays back but pay the company back the money yu have been paid for these holidays.

You cant be paid twice for your holidays, it stands to reason