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"On call" during annual leave

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13

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  • paddedjohn
    paddedjohn Posts: 7,512 Forumite
    Part of the Furniture
    Contract overides the legislation, they have to refer to their contract.

    How so? The law is the final say on the matter.
    Be Alert..........Britain needs lerts.
  • Ganga
    Ganga Posts: 4,253 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    I used to work for a company that provided a 24 hour back-up service for our customers,when i took the job it was in my contract terms and conditions that this could happen,we got paid extra for each week we were on standby with company supplied mobiles,if called out on a bank holiday ie xmas day,we got payed a minimum of 4 hours pay at double time and get the day back later,the standby payment went up when ever there was a bank holiday in your standby week,if on standby at xmas,boxing day and newyears day the money was good but you could not drink.In the 8 years i worked there i was never called out on xmas or boxing day but knew the terms and conditions when i took the job.
    Never had a problem with holidays as used to swop with work mates to cover each other if something special on ,ie weddings,christenings.I am sure the person who started this post new this would happen long before now.
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    paddedjohn wrote: »
    How so? The law is the final say on the matter.

    This has been covered loads of times on here.

    Not with holidays

    The law says the contract can override the default legislation.
  • paddedjohn
    paddedjohn Posts: 7,512 Forumite
    Part of the Furniture
    This has been covered loads of times on here.

    Not with holidays

    The law says the contract can override the default legislation.

    You've lost me, the law on holidays in this country states a minimum of 5.6 weeks for a full time employee, to book holiday you must give notice of at least twice the amount requested and to refuse the employer must give at least the same amount of time. How can any contract override any of that?
    Be Alert..........Britain needs lerts.
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    paddedjohn wrote: »
    You've lost me, the law on holidays in this country states a minimum of 5.6 weeks for a full time employee, to book holiday you must give notice of at least twice the amount requested and to refuse the employer must give at least the same amount of time. How can any contract override any of that?


    15.—(1) A worker may take leave to which he is entitled under regulation 13(1) on such days as he may elect by giving notice to his employer in accordance with paragraph (3), subject to any requirement imposed on him by his employer under paragraph (2).

    (2) A worker’s employer may require the worker—

    (a)to take leave to which the worker is entitled under regulation 13(1); or

    (b)not to take such leave,

    on particular days, by giving notice to the worker in accordance with paragraph (3).

    (3) A notice under paragraph (1) or (2)—

    (a)may relate to all or part of the leave to which a worker is entitled in a leave year;

    (b)shall specify the days on which leave is or (as the case may be) is not to be taken and, where the leave on a particular day is to be in respect of only part of the day, its duration; and

    (c)shall be given to the employer or, as the case may be, the worker before the relevant date.

    (4) The relevant date, for the purposes of paragraph (3), is the date—

    (a)in the case of a notice under paragraph (1) or (2)(a), twice as many days in advance of the earliest day specified in the notice as the number of days or part-days to which the notice relates, and

    (b)in the case of a notice under paragraph (2)(b), as many days in advance of the earliest day so specified as the number of days or part-days to which the notice relates.

    (5) Any right or obligation under paragraphs (1) to (4) may be varied or excluded by a relevant agreement.
  • Nick_C
    Nick_C Posts: 7,602 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Home Insurance Hacker!
    It does sound pretty tough but you need to look at the overall package.

    There is plenty of demand for hospital staff and plenty of employers offering different T&Cs.

    I doubt many hospital staff get two weeks off for Xmas. Many work Xmas day.

    If you feel your overall package is poor, then vote with your feet.

    If the total package is good, then suck it up.

    Many people in positions of responsibility take urgent work calls when they are off duty. With a good employer, its give and take. I would have hated to have to work to the letter of my contract and count every minute.
  • paddedjohn wrote: »
    You've lost me, the law on holidays in this country states a minimum of 5.6 weeks for a full time employee, to book holiday you must give notice of at least twice the amount requested and to refuse the employer must give at least the same amount of time. How can any contract override any of that?

    The minimum of 5.6 weeks cannot be varied. However the mechanism for when you may take your holiday can be specified in your contract and can be "tougher" than the default legal position.

    It is perfectly possible for an employer to totally dictate when the 5.6 weeks must be taken and allow no bookable holiday at all.
  • missbiggles1
    missbiggles1 Posts: 17,481 Forumite
    10,000 Posts Combo Breaker
    The minimum of 5.6 weeks cannot be varied. However the mechanism for when you may take your holiday can be specified in your contract and can be "tougher" than the default legal position.

    It is perfectly possible for an employer to totally dictate when the 5.6 weeks must be taken and allow no bookable holiday at all.

    If the OP's employer had cancelled her leave because she would be needed to be on call, I can see that would apply. Being told you have to work while you're on leave is a totally different situation.
  • paddedjohn
    paddedjohn Posts: 7,512 Forumite
    Part of the Furniture
    The minimum of 5.6 weeks cannot be varied. However the mechanism for when you may take your holiday can be specified in your contract and can be "tougher" than the default legal position.

    It is perfectly possible for an employer to totally dictate when the 5.6 weeks must be taken and allow no bookable holiday at all.

    I know about employment law and how it must pie taken, what I'm saying is that the law can't be overridden by a contract.
    The op has already booked their leave and it's now too late to be cancelled
    Be Alert..........Britain needs lerts.
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    paddedjohn wrote: »
    I know about employment law and how it must pie taken, what I'm saying is that the law can't be overridden by a contract.
    The op has already booked their leave and it's now too late to be cancelled

    The law says it can.

    The contract could include terms that mean it can be cancelled even if already started.
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