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Employment law advice needed

worcester4x4
worcester4x4 Posts: 12 Forumite
in Employment, jobseeking & training
I have worked here for a number of years. I get a contractual 25 days annual leave + bank holidays + discretionary 3 days over Christmas.


My employer has now announced that the discretionary Christmas leave will no longer happen and that we must reserve three days out of our 25 days annual leave to cover the Christmas shutdown. There is no option to come into work between Christmas and New Year - the company is shut.


Is the company entitled to impose this change?
«1

Comments

  • ohreally
    ohreally Posts: 7,525 Forumite
    1,000 Posts Combo Breaker
    The 3 days over Christmas are contractual due to custom and practice - how hard are you collectively prepared to fight?
    Don’t be a can’t, be a can.
  • worcester4x4
    worcester4x4 Posts: 12 Forumite
    ohreally wrote: »
    The 3 days over Christmas are contractual due to custom and practice - how hard are you collectively prepared to fight?

    I only found out about the change on Friday. I've told my line manager I'm not happy but I've not consulted with anyone else in the company yet. Personally? I'm prepared to fight.
  • ohreally
    ohreally Posts: 7,525 Forumite
    1,000 Posts Combo Breaker
    This is a collective issue and best approached from that perspective.

    Any union members in the group?
    Don’t be a can’t, be a can.
  • worcester4x4
    worcester4x4 Posts: 12 Forumite
    ohreally wrote: »
    The 3 days over Christmas are contractual due to custom and practice - how hard are you collectively prepared to fight?

    Another point to bear in mind is that the Christmas three days have always been described as "Discretionary" so they probably would not fall under "Custom and Practice" - to an extent, that's fine. My grievance is making us use three days of our annual leave without the option of working the days because the company is physically closed.

    I see this as effectively unilaterally reducing our annual leave by three days. There was no consultation about this whatsoever.
  • ohreally
    ohreally Posts: 7,525 Forumite
    1,000 Posts Combo Breaker
    worcester4x4 wrote: »
    Another point to bear in mind is that the Christmas three days have always been described as "Discretionary" so they probably would not fall under "Custom and Practice"

    Management can call it whatever they want. I'm guessing this is a long standing arrangement that predates your employment with them?

    Any of the guys union members?
    Don’t be a can’t, be a can.
  • worcester4x4
    worcester4x4 Posts: 12 Forumite
    ohreally wrote: »
    Management can call it whatever they want. I'm guessing this is a long standing arrangement that predates your employment with them?

    Any of the guys union members?

    It has been in force forever, certainly predates my employment.
    There is no union membership.
  • ohreally
    ohreally Posts: 7,525 Forumite
    1,000 Posts Combo Breaker
    worcester4x4 wrote: »
    There is no union membership.

    Perhaps given the state of play, you may all want to revise that.
    Don’t be a can’t, be a can.
  • worcester4x4
    worcester4x4 Posts: 12 Forumite
    ohreally wrote: »
    Perhaps given the state of play, you may all want to revise that.

    Yes, maybe, but that doesn't help with the immediate issue. I need to know that if I raise this as a formal grievance I have at least half a leg to stand on.
  • ohreally
    ohreally Posts: 7,525 Forumite
    1,000 Posts Combo Breaker
    Depends how strongly you can present a case. On an individual basis I wouldn't go in with high hopes.
    Don’t be a can’t, be a can.
  • worcester4x4
    worcester4x4 Posts: 12 Forumite
    ohreally wrote: »
    Depends how strongly you can present a case. On an individual basis I wouldn't go in with high hopes.

    OK, I'll rephrase the question. If I raise an internal formal grievance and it's ignored, what would my chances be if I took it to a tribunal?
This discussion has been closed.
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