Employer can't provide place to work

NBee7984

Wondered if anyone had any experience of a similar situation, or knew what an employee's rights would be in this situation...

Our offices company are relocating to a new office and the move is due to take place in the middle of a week during work hours. They have told staff that the hours which will need to be taken off during the move will have to be made up by the employees, or they will not be paid for them.

I have checked through the contracts and company handbooks, but this situation is not covered. Does anyone know where we would stand in this situation? Can they make this demand of their employees when they can't provide a place to work?

Any advice would be greatly appreciated

IAmWales

They can tell you when to take your annual leave, which is in effect what they are doing.

Undervalued

NBee7984 wrote: »

Wondered if anyone had any experience of a similar situation, or knew what an employee's rights would be in this situation...

Our offices company are relocating to a new office and the move is due to take place in the middle of a week during work hours. They have told staff that the hours which will need to be taken off during the move will have to be made up by the employees, or they will not be paid for them.

I have checked through the contracts and company handbooks, but this situation is not covered. Does anyone know where we would stand in this situation? Can they make this demand of their employees when they can't provide a place to work?

Any advice would be greatly appreciated

It doesn't need to be in your contract or handbook as it it basic employment law. Providing they give you twice as much notice as the length of time you will be off they can make you take the time as annual leave. So, for example, if they will be closed for three days they need to give six working days notice.

Tammykitty

The employer doesn't seem to be requesting the employees take these days as annual leave but seems to be wanting the employees to change their working hours for a period of time (Hours have to made up...)


I depends on the wording in your contract but if you normally have set hours, then I would suggest that they can't do this - and will have to pay you for the hours


My old work was closed due a bomb in a nearby building and instead of allowing us to stay at home with pay, they hired a room in a nearby and we all sat there twiddling our thumbs - the office was still closed the 2nd day - and they let us stay at home with pay

Undervalued

Tammykitty wrote: »

The employer doesn't seem to be requesting the employees take these days as annual leave but seems to be wanting the employees to change their working hours for a period of time (Hours have to made up...)


I depends on the wording in your contract but if you normally have set hours, then I would suggest that they can't do this - and will have to pay you for the hours


My old work was closed due a bomb in a nearby building and instead of allowing us to stay at home with pay, they hired a room in a nearby and we all sat there twiddling our thumbs - the office was still closed the 2nd day - and they let us stay at home with pay

Even if that is so they perfectly well could do if the employee is not willing to go along with what is being proposed.

In the situation you described, your employer did not have time to give the statutory notice to force annual leave. Of course they may not have chosen to do so, even if the could.

[Deleted User]

When an office move was due on me, couple of years back, we were actually not allowed time off (nobody at all was allowed leave during the time, I still recall the uproar today, nether mind all this there is nowhere for me to work) and everybody was to help the employer move their warehouse/office first. (I left just in the nick of time for that one) they even managed to devise a rota around being 'removal men' which failure to attend on the back of was said to be a consideration for disciplinary purposes.

Just be careful what you wish for.

getmore4less

I do wonder sometime if people bother reading posts or just like answering different questions.

Annual leave is not relevant(as that is not on offer might become an option).

They have told staff that the hours which will need to be taken off during the move will have to be made up by the employees, or they will not be paid for them.

If the contract has no terms that allow flexibility then they should pay the hours or come to some other arrangement like use holidays

if this is just a few hours then it may be one of those battles you don't fight and come to a compromise like shorter breaks over a longer period rather than extra time on the end of a day or a weekend when you don't normally work.

pmlindyloo

Would this be classed as a 'lay off'? If so then you might be entitled to statutory guarantee pay.

http://www.acas.org.uk/index.aspx?articleid=1639

If there is nothing in your contract about a 'lay off' then give ACAS a call and see if your circumstances qualify for being 'laid off' for a temporary period.

NBee7984

Thank you. I appreciate all of your input.

In regards to making employees take annual leave - the move is scheduled to go ahead tomorrow and they have made this announcement this morning so we have actually received less than 24 hours notice.

jobbingmusician

Another vote here for 'they are telling you to take these hours as annual leave'. They are clearly allowed to do this. The complication comes only if there are employees who don't have enough leave in the current leave year to cover this. I suspect that they are NOT, legally, allowed to simply deduct pay in this latter case, but stress that I am not an expert!!!

Ooops. Cross posted with OP. I now think employer is acting illegally, and breaching the employment contract.

getmore4less

Statutory notice for holidays can be changed by the contract.