Shutdowns - using holidays to cover

gwynhughes

Hello, could someone answer my query?

I work an a factory producing uPVC windows? We work 2 days 2 nights and 4 days off.

Now with the economy crap as it is we aren't very busy, so management periodically shutdown the factory (usually over B/H weekends) to save on cost i.e workers wages.

I heard a work colleague say that the management can only tell us to use a third of our holiday entitlement to cover these shutdowns.

I get 18 days per year but earn extra days on bank holidays!

We can also go minus hours worked to the tune of -40, which we then have to work back when busier!

Is is true then that they can only force us to use a third of our holiday entitlement as I will use 6 for Christmas and I used 3 for Easter, and 3 for the June.

theoretica

They can tell you when to use all of your holiday entitlement.

paddedjohn

No, your employer can dictate when you take any or all your holidays.

theoretica

Unless, of course, your contract says otherwise.

gwynhughes

Thank you for your swift replies! Need to check my contract though?

Uncertain

There is nothing special in employment law about bank holidays, even Christmas day.

Assuming you work full time you must receive at least 28 days holidays per year. People often think of this as four weeks plus the eight bank holidays (in England) but it doesn't have to be.

As other have said, subject to a relatively short period of notice an employer can tell you when you must take your holidays.

theoretica

Uncertain wrote: »

Assuming you work full time you must receive at least 28 days holidays per year.

This is only true if you work 5 day weeks, which the OP doesn't and not all full time workers do. For other working patterns the rule is 5.6 weeks a year.

The OP works 4 days in 8 which is the equivalent of 3.5 days a week (working 1 day in 2). 3.5 days a week x 5.6 weeks holiday = 19.6 days off in total including bank holidays/extra days earned for working bank holidays.

ohreally

There may be a provision within law to refer to (guarantee payment)...

Employment Rights Act 1996...

Section 28.


(1)
Where throughout a day during any part of which an employee would
normally be required to work in accordance with his contract of
employment the employee is not provided with work by his
employer by reason of-

(a)a diminution in the requirements of the employer's business
for work of the kind which the employee is employed to do, or

(b) any other occurrence affecting the normal working of the
employer's business in relation to work of the kind which
the employee is employed to do,
the employee is entitled to be paid by his employer an amount in
respect of that day.

ETA: http://www.legislation.gov.uk/ukpga/1996/18/section/28