Forcing me to take holiday?

montymud

Hi all, hoping that someone can help me (you lot have never failed me yet!).

Basically I handed in my notice last week, I gave 3 weeks noticeand thought that was all fine and dandy. (My husband is starting a new job so I am staying at home with the children). I have always worked hard and never had a problem. The week before I handed in my notice I was told that I had 5 shifts for the next week and 6 for the week after. However when the first weeks rota appeared (after I handed in my notice) I had only 3 shifts instead of 5 then when the next weeks rota was put out I have only one shift and two shifts marked as holiday! Are they allowed to do this? I din't want them to force me to take my notice in holiday that I have accrued. Should I get onto the CAB or should I ring head office in case they are unaware of what my manager is doing.

I would just like to add that I have no contract with them. I have worked there for 6 months and always had at least 3 shifts a week - often 5.

scooterchick

It'll be difficult to prove without a contract however a precedent has been set. You have nothing to lose by ringing head office, you'll not be there long enough to worry about being unpopular with the boss! But certainly sounds very backhanded making you take holidays instead of paying you for them.

Jarndyce

Yes they are allowed to require you to take leave during your notice period - or at any other time come to that.

montymud

Thank you - why is that?

Jarndyce

montymud wrote: »

Thank you - why is that?

I suppose because there's no law to stop them doing it!

LittleVoice

To add to Jarndyce's first post - as long as they have given you notice of it which is at least twice as long as the time to be taken as holiday, then they can do this.

Without knowing exact dates, then it is difficult to know precisely but it looks as though they have done this.

The answer to your supplementary question is that this is covered in the working time regulations.

montymud

cheeky !!!!!!s though eh?! Is there really no protection for employees in these sort of cases? Is it worth me taking it further do you think? Cheers x

montymud

LittleVoice wrote: »

To add to Jarndyce's first post - as long as they have given you notice of it which is at least twice as long as the time to be taken as holiday, then they can do this.

Without knowing exact dates, then it is difficult to know precisely but it looks as though they have done this.

The answer to your supplementary question is that this is covered in the working time regulations.

They havent given me notice. I was just told today that my shifts for next week are one working day and 2 days holiday

LittleVoice

montymud wrote: »

cheeky !!!!!!s though eh?! Is there really no protection for employees in these sort of cases? Is it worth me taking it further do you think? Cheers x

See post #6.

As an aside, there are many people who post on this board who want to take holiday in their notice periods - so that they can start a new job earlier.

montymud

you posted at the same time as me - I hadnt read 6 at that point

LittleVoice

montymud wrote: »

They havent given me notice. I was just told today that my shifts for next week are one working day and 2 days holiday

You've been told - given notice.

Notice period for the two days - January 21, 22, 23, 24. Is the first day of your holiday on 25 January? If not, they could still get round this and as long as the first holiday day is Monday or later, they can still say they have given you the necessary notice.

As long as you are paid for all of the holiday you will have accrued up to the time of your leaving, there isn't really anything you can do about it.