Unpaid leave

needtogetalife

I work in a shop and have been told that it is closing in December for refurbishment for about 9 days.

My employer has said that we have to take unpaid leave or use our holiday days. However, most of the staff will not have the required number of days left in their holiday entitlement. She has then said we can use some of next years entitlement.

Can they do this?

Torry_Quine

An employer can always tell you when to take holiday so yes they can do this. More notice so people could have made sure they had enough days left would have been good. When does the holiday year run?

needtogetalife

1st January - 31st December

Torry_Quine

needtogetalife wrote: »

1st January - 31st December

Hopefully then most people will will have some days left then although they may have to change when they take them if they have nothing planned.

Southend1

What does it say in your contract/staff handbook about booking holiday dates?

Have you discussed this with your union rep? (if a member)- he will be able to help you negotiate with the employer on this.

Are you able to offer any assistance with the refurbishment e.g. Painting/labouring that would mean you don't need to take the time off?

anamenottaken

needtogetalife wrote: »

I work in a shop and have been told that it is closing in December for refurbishment for about 9 days.

My employer has said that we have to take unpaid leave or use our holiday days. However, most of the staff will not have the required number of days left in their holiday entitlement. She has then said we can use some of next years entitlement.

Can they do this?

Unless you get more than the standard 5.6 weeks (28 days for someone working 5 or more days a week) including bank holidays if they are not worked, then the answer is that they cannot bring forward holiday entitlement from next year as it would then mean you would not have your full legal entitlement in 2014.

(It is true that, with agreement of both parties, 1.6 weeks (ie 8 days) can be carried forward to the next holiday year but I am unaware of any provision for bringing them forward.)

Whilst your employer can tell you when to take your paid leave, they cannot tell you to take unpaid leave unless your contract specifically allows for this.