Christmas working

chowells17

I work for a company that usually closes over the Christmas / New year period. We usually close on Christmas Eve and reopen on January 2nd. I have worked for them for almost 13 years and in that time they have only opened once.
All members of staff have to keep a weeks annual leave to cover the time. Management have now said they want us to work from December 27th.
Only staff who have actually booked to go away will have their holidays honoured. Everyone else will be expected to work their normal contracted hours.Can staff be forced to work, when it is traditional that we don't.
Does this closure become part of our contract because this is the way it has always been?
Anyone know where we stand legally?

anamenottaken

chowells17 wrote: »

I work for a company that usually closes over the Christmas / New year period. We usually close on Christmas Eve and reopen on January 2nd. I have worked for them for almost 13 years and in that time they have only opened once.
All members of staff have to keep a weeks annual leave to cover the time. Management have now said they want us to work from December 27th.
Only staff who have actually booked to go away will have their holidays honoured. Everyone else will be expected to work their normal contracted hours.Can staff be forced to work, when it is traditional that we don't.
Does this closure become part of our contract because this is the way it has always been?
Anyone know where we stand legally?

So it is acknowledged that the Christmas closure was always taken from your annual leave entitlement.

As long as you are able to take all your entitlement before the end of the holiday year, then they have given you a fair amount of notice that the Christmas period will not be available for holidays (other than for those who have contracted with external bodies who are still able to take the time off).

You ask whether custom and practice could be pleaded in support of retaining the Christmas break. I think that, as it has always been that it was included as part of the total holiday entitlement, it would be difficult to say that the period itself is contractual and you acknowledge that it is not a 100% record in the last 12 years.

HiMyNameIsLauren

Unless you say that when you told your OH he wasn't happy and had to tell me about a 'surprise' Xmas getaway... so really sorry, but can't work.

TBagpuss

I don't think you can argue that your contract has changed to guarantee that time off.
They have given you 2 months notice so you have time to use the holiday at another time.
It is frustrating, and arguably bad management on their part not to have provided more warning (in our office, we normally close between Christmas and New Year, but this is not an entitlement. Each year, there is a mail sent round, usually by March / April time which tells everyone when we will be closing, how much holiday they need to save, and also a reminder of the holiday policy, so that if people want to book extra time they can do so. In our case we often give people an extra day or two holiday so that they get (say) 4 days off but only have to use 2 days holiday, but when this is done it is always made clearer that this is not an entitlement.

Do you have any method for giving feedback? It might be worth raising it not in terms of their requirements but in terms of the amount of notice given.

RichardD1970

HiMyNameIsLauren wrote: »

Unless you say that when you told your OH he wasn't happy and had to tell me about a 'surprise' Xmas getaway... so really sorry, but can't work.

And when they ask for proof of the booking?