Employer can't provide place to work

Tammykitty

getmore4less wrote: »

Statutory notice for holidays can be changed by the contract.

But can't be reduced?

getmore4less

Tammykitty wrote: »

But can't be reduced?

The legislation as written allows for any notice periods for holidays by contractual variation.

Unless you have case law that says different.


Unlike many other statutory provisions where contractual has to be more favorable this does not apply to Notice periods for holiday.

http://www.legislation.gov.uk/uksi/1998/1833/regulation/15/made

(5) Any right or obligation under paragraphs (1) to (4) may be varied or excluded by a relevant agreement.

trailingspouse

It looks to me like this is a situation where the employer is damned if they do and damned if they don't.

You're moving offices - it happens once in a blue moon. During the day or two that it will take to physically move from A to B there is unlikely to be any normal work done by anyone. So - the employer has some choices to make. In NBee's case, the employer decided not to pay their employees for the days when they weren't able to do their normal work, but if they make up the hours once things are back to normal then they'll get paid for them. In keepcalm's case, they made a different decision - they thought, our staff won't want to lose their pay so we'll pay them, but we don't want to pay them for doing nothing so we'll get them to help with the removal. If NBee and keepcalm are typical examples, then the employees weren't happy with either situation.

On the assumption that the office is moving because business is good, what have you really got to complain about? What do you actually want?

sangie595

I think that the point is well made in "what do you actually want". Instead of sitting back and looking at whether they can or cannot, you need to be proactive. What is your solution? Bearing in mind that the employer has said what theirs is! So having the day off carte blanche probably isn't an option they'll go for. What about splitting the difference? Or calling it leave? Or working from home?

Because I am relatively sure about one thing - what your legal right is may be to be paid, but who is going to take the employer to court or threaten to? Nobody volunteering...???? In which case you have to negotiate.

kelpie35

how much time are we talking about here?

whole day?

half a day?

couple of hours?