Employment law advice needed

paddedjohn

If your employer so wished they could choose when you take all of your holidays.
Discretionary means just that, they aren't under any obligation to give you extra time off over Christmas

steampowered

Employers are entitled to tell you when to take annual leave.

paddyrg

Believe it or not, it's a privilege and not a right to have holiday on the dates you choose. If your employer wanted to, they could make you take the whole of August off and close the office. You're losing a good perk, but it's just that, a perk they don't feel they can offer any more. Beware of going in guns blazing, it could mark your card.

Undervalued

worcester4x4 wrote: »

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?

Based on what you have posted here very slim indeed.

You have said that the three day are "discretionary". Yes, there might be an argument they have become contractual by custom and practice depending on the full circumstances.

However, three other points to keep in mind.

An employer can almost totally dictate when you can and cannot take holiday of even if you won this point you may find the employer plays very hard ball about holiday booking.

Secondly, even without the three days you already get more more than the statutory minimum of 28 days per year. An employer can attach whatever conditions they like to the extra days including a tough "use it or lose it" requirement.

Finally, people are frequently surprised how easily an employer can vary your contract. Ultimately you only recourse if you can't agree is to resign and claim unfair dismissal. A tribunal would then decide if the change was reasonable and a justification of "business reasons" is hard to argue against.

ohreally

Worcester4x4, only take on a fight you have reasonable prospects of wining. If you proceed on an individual basis I suggest your grievance will fall, going to tribunal is highly unlikely to be productive.

Takeaway_Addict

Do you get paid for the time off at christmas?

Also, why are the company doing this, have sales suffered and they're looking at cost cutting etc?