Hours of work/Holiday pay?

sar050680

We have been advised by CAB that if we are contracted to work 39 hours a week we should still be paid 39 hours when the Company take a day from us, which they did. We used a days holiday as cover for said Friday.

Can you see our point?

McKneff

But the company didnt take a day from you, you got paid for it.

So you all had some nice long weekends, got paid for the extra day off.

Can yu see my point

paddedjohn

sar050680 wrote: »

We have been advised by CAB that if we are contracted to work 39 hours a week we should still be paid 39 hours when the Company take a day from us, which they did. We used a days holiday as cover for said Friday.

Can you see our point?

from what you have told us you dont have a leg to stand on, as i said earlier the company can tell you when to take your hols and in this case they are saying every friday, this is the best case scenario for all involved as it helps the company cut costs while helping to secure your jobs.

With respect to the CAB who do a great job, they can only advise on the version of events they are told and it appears to me that they may be different from what you have reported here, ie were they told that the time off was an unpaid layoff or a paid holiday.

getmore4less

sar050680 wrote: »

We have been advised by CAB that if we are contracted to work 39 hours a week we should still be paid 39 hours when the Company take a day from us, which they did. We used a days holiday as cover for said Friday.

Can you see our point?

A company can dictate holidays.

They gave you notice of more than 2 times the holiday required 1 day per week.

They could continue to do this and if people push the situation they may find out that they can do this.

Not sustainable since people will run out of holidays.

The next step they could be doing is looking to change contacts to allow layoffs/short time as an alternative to redundancies this would require a bit of consultation and notice.

It looks to me that currently neither side knows all the rules and are in a bit of a stale mate while the research is done.

KiKi

sar050680 wrote: »

We have been advised by CAB that if we are contracted to work 39 hours a week we should still be paid 39 hours when the Company take a day from us, which they did. We used a days holiday as cover for said Friday.

Can you see our point?

Yes - it's annoying for you. But as SarEl has already explained to you, you cannot backdate an objection. Therefore you're already in a position where the holidays have been taken and can't be un-taken.

Even if you could backdate an objection, your employer has the right to tell you when to use your holiday anyway.

CAB can be very helpful, but don't always have the answers when it comes to complex cases, I'm afraid - and often have the wrong answers. I would take what you've seen on here from people who do know as a good indication of where you stand - which at the moment seems to be without a leg in regards to taking your holiday back.

Sorry.
KiKi

SarEl

I should point out that CAB also didn't tell you that you had a right to the holidays back - they correctly interpreted the law on lay-offs, which is that unless your contract allows for lay offs you must be paid. But until the point at which you objected you had attended work under the terms suggested by the employer and so you agreed those terms - it is your reponsibility to know the law or to find out the correct position. You chose to use your holiday in this way - you could have refused, and had you done so and not been paid you would now have a case for repayment of an unlawful deduction. But you didn't, so you don't.

sar050680

Thanks for your advice everyone, i'll put this to my workmates today.