work short time issues

shufmuff

Hi, I work at KFC and the shop will close for a couple of weeks, they will not allow me to use my holidays to cover this time, only 2 days per week, they also are saying that if i want work they may have work in another town some 30+ miles away.
this is not just affecting me but all the staff and we are all worried as we dont earn much as it is and even that is only enough to pay our bills, missing 2 week wages is gonna hurt us.
Can anyone suggest what we can do until i call acas tomorrow, thanks

specialboy

Are you on a zero hours or do you have contracted hours? Not sure that they can make you work 30 miles away but the do have to pay you if they lay you off for a while.

DCFC79

What does your contract say ?

shufmuff

it say they can make me work short hours, bbut i looked on acas website and they dont have a reasonable excuse to deny me a holiday, they have no work for me, so its not a busy period etc, i am gonna take it up with acas if they deny me a holiday during this period, i will let you know whay they say.
the shop is being refurbished, they kept changing the story, one week we were closed 5 days, the next week they said it would be take away only and now they saying its closed for 2-3 weeks, this is so unreasonable on us to think we can just live unpaid.
it is a zero hour contract but e are still entitled to our holidays if accrued

shufmuff

But they have no reason to deny me a holiday

shufmuff

but why deny me my holiday that i have accrued, i am entitled to holiday pay whatever contract, contract says i am entitled to holiday pay too, may be denied during busy periods, during popular holiday times, i dont think i am being unreasonable to want a holiday when the shop is cloased

shufmuff

this is on the acas website

Zero hours workers are entitled to annual leave, the National Minimum Wage and pay for work-related travel in the same way as regular workers.

so they cant deny me my holiday without a reasonable explanation, that would have to be a good explanation if the shop is closed

shufmuff

Can an employer refuse to authorise a request for holiday?

An employer should consider any requests for holiday fairly and reasonably. But if the business cannot accommodate holiday at a particular time, or cannot accommodate the length of holiday requested, then the employer can refuse to authorise a request. It is good practice for the employer to explain to the employee why the request has been refused.

However, the employer must ensure that they are not repeatedly refusing requests to the extent that the employee is prevented from taking their full annual holiday allowance over the course of the year.

shufmuff

Can an employer refuse to authorise a request for holiday?

An employer should consider any requests for holiday fairly and reasonably. But if the business cannot accommodate holiday at a particular time, or cannot accommodate the length of holiday requested, then the employer can refuse to authorise a request. It is good practice for the employer to explain to the employee why the request has been refused.

However, the employer must ensure that they are not repeatedly refusing requests to the extent that the employee is prevented from taking their full annual holiday allowance over the course of the year.

shufmuff

denying me a holiday when the shop is closed is not fair or reasonable and in court they would consider if this is the type of behavior in another company, i cant see that being the case!.

fed_up_and_stressed

shufmuff wrote: »

denying me a holiday when the shop is closed is not fair or reasonable and in court they would consider if this is the type of behavior in another company, i cant see that being the case!.

No they wouldn't be concerned. The law is quite clear as you have been told - the employer can insist on when holidays can be taken. You have no "right" to have them when you want.

Good practice and legal rights under legislation and case law are not always the same.