Retrospectively applied holidays

GruntedEmploye

Hi,
TLDR; Like the majority of the nation I was placed on furlough at the end of March. I have since returned to work after spending 9 weeks on furlough, but the company is now stating that some of these days (10 days to be precise) will come out of my holiday allowance moving forward. 

The company follows a prescribed shut down period each year (of usually 14 days) as defined by regulations that we have to follow therefore it is stipulated within our contract that these days would be taken as holiday which is normally fine. Before I was put on furlough the "shut down" dates were moved as to follow the dates which the government initially set out as the 3 weeks of lockdown (therefore 21 days of "shut down"); at this time we were told that 10 days would come out of our allowance with the further 5 days being nicely written off by the company. As soon as the government announced the furlough scheme I was quickly moved from being "on holiday" to be being "on furlough" with the written agreement that I would therefore not lose 10 days holiday. We were given full pay initially, with the company topping up our salary to 100%.

The actual "shut down" lasted 63 days in total of which I spent all this time on furlough, although now the company is saying that they will are going back on their original letter stipulating that I would not lose 10 days holiday and that 10 days that I was on furlough will now be designated as "holiday".

I'm not sure if a company is able to say that a period during furlough (and government mandated lockdown) will now be designated as "holiday" without giving the appropriate notice beforehand; therefore any help on what the rules/regulation around this would be gratefully received.

[Deleted User]

GruntedEmploye said:

I'm not sure if a company is able to say that a period during furlough (and government mandated lockdown) will now be designated as "holiday" without giving the appropriate notice beforehand; therefore any help on what the rules/regulation around this would be gratefully received.

Technically they can't, they are required to give prior notice. Technically of course you being difficult about this would not put you at the top of the list for redundancies, or the bottom of the list for pay rises and promotions. 

You have, according to your own post had 63 days on full pay, effectively on holiday from work and you still, at least for the moment, have a job. It would be churlish and probably ill advised to kick up a fuss about wanting another ten days off work on full pay. 

Jeremy535897

Paragraph 15 of the Working Time Regulations 1998 requires an employer to give notice to take a holiday of twice the length of that holiday, so 4 weeks notice for 2 weeks holiday. See  http://www.legislation.gov.uk/uksi/1998/1833/regulation/15/made

That can be overridden by your contract of employment. I don't think that your employer is able to designate past days as holiday. An employer can ask you to take holiday during furlough, with the notice as described above.

It is a matter to raise with your employer in the first instance. If you get no satisfaction, probably the next step is to contact ACAS, but if your job is under any sort of threat, you might prefer to do nothing.

[Deleted User]

Your employer is trying to steal your holiday entitlement. It's illegal and you should not stand for it.

Jeremy gives good advice but I'd add that you should talk to colleagues about it as you stand a better chance are are better protected if you stick together.

Are you in a union? Is anyone who works there? The union should help.

GruntedEmploye

MadMattUK said:

You have, according to your own post had 63 days on full pay, effectively on holiday from work and you still, at least for the moment, have a job. It would be churlish and probably ill advised to kick up a fuss about wanting another ten days off work on full pay. 

This is the reason why I don't want to force the issue, although not all of furlough was on full pay and the reduced pay will continue until August even although we are working full time.

Jeremy535897 said:

Paragraph 15 of the Working Time Regulations 1998 requires an employer to give notice to take a holiday of twice the length of that holiday, so 4 weeks notice for 2 weeks holiday. 

That can be overridden by your contract of employment. I don't think that your employer is able to designate past days as holiday. An employer can ask you to take holiday during furlough, with the notice as described above.

It is a matter to raise with your employer in the first instance. If you get no satisfaction, probably the next step is to contact ACAS, but if your job is under any sort of threat, you might prefer to do nothing.

Thank you Jeremy, I had come across this and I thought that was the case, but I wasn't sure how this applied to holidays that are being applied to previous days, or days that were considered as being "on furlough".

[DELETED USER] said:

 It's illegal and you should not stand for it.
Are you in a union? Is anyone who works there? The union should help.

I'm worried about defining it as illegal since I'm unsure if how furlough worked meant that they could be defined as holidays.
Unfortunately its in our contract that we are unable to form or join a union.

Thrugelmir

Difficult times lie ahead. Will require an element of give and take. Bottom line is that the economy is going to struggle for some time. Maintaining ones job has to be the top priority. Even if it means biting ones tongue. 

Jeremy535897

You might be interested in the following:
https://uklabourlawblog.com/2020/04/06/furloughing-and-fundamental-rights-the-case-of-paid-annual-leave-by-alan-bogg-and-michael-ford/