Employer has taken a 2nd week Annual Leave from me

Jamesella1

My Employer has taken a second week from my Annual Leave without informing me and I only found out about this when I stumbled upon it.

At the beginning of April we were all furloughed. My employer served me with a notice on 27/04/2020 stating they required me to take 1 week (5 days) Annual Leave for 11/05/2020 to 15/05/2020, I would be paid 100% of my salary for the hours taken. 

Monday 29th June 2020 I was
un furloughed and returned to work, I resumed normal working hours & duties.

This week I happened to have a look at my Annual Leave record and found I had only 1 week & 1 day (6 days) left to take between now and the end of December 2020.
Obviously I was confused (as I get 4 weeks (20 days) Annual Leave)
When I looked back it shows they also took another 1 weeks Annual Leave from me on 22/06/2020 to 26/06/2020.
I have had absolutely no notice of this before or after they took it from me.
I did question my employer about this in an email but I have had no response as yet.
I have since found out a couple of my work colleagues have also had this happen to them, again with no notice or information from our employer.
We apparently had been paid for this week, but our wage slips are very very vague and say nothing. (actual words on the wage slip are " Basic Pay " ) so very non descriptive plus I couldn't tell as my wage has been different each month since being Furloughed.

I have 2 school age children with  6 weeks summer holiday in front of me plus 1 week half term in October.


Can our Employer take our Annual  Leave without informing us ?
It just doesn't seem right to me.


**3 days are Statutory holidays at Christmas + 1 day I actually booked off !! ** 
 (incase anyone was adding my days up)

bradders1983

No they still need to give you notice, but how will your boss react if you kick up a fuss? Is the company potentially looking at going through a redundancy procedure? Be careful you dont put yourself top of the queue.

Jamesella1

Hi Bradders1983
Thank you for replying to me.

Doesn't look like any redundancies as they have just took 5 new staff on.
I am willing kick a fuss up if it means I'm helping my colleagues out too. Some of them are young lasses that really on this job, where as me I'm just the Cleaner so I'm completely irrelevant !!
I am very lucky as I don't have to rely on my job for money. I do it to get me out of the house for a bit.

I'm just not sure how to approach them on this, I have emailed them but had no response as yet.  
I need as many facts and our rights on this as back up to throw at them.

EssJayD

if you have more than 2 years service they can't follow a 'short' redundancy process so need to ensure people are selected fairly and you'd be entitled to see the redundancy scoring and have the opportunity to query it if you feel your score is unfair. 

"Jamesella1 scored highly so is at the top of the list for redundancy because they queried unlawful process in relation to enforced holidays" would be a bit silly of them.

They need to read reg 15 of the Working time regulations 1998. 

Get a few of you together if you can to tackle this together, but I don't think you'll need it tbh.  If you're willing to take this all the way put a written grievance in, if they don't get back to you satisfactorily and if they don't roll back start early conciliation via Acas - this would be particularly amusing to do as you'd still be employed but you have the 'power' as you don't need the job, and if you get a sniff they are treating you unfairly because of this you can put another grievance in, if they sack you because you've been 'awkward' you go back to early conciliation     

Its partly thanks to people like you why we have the employment rights we do.  Too many people are happy to accept poor treatment from employers because they are scared of losing their jobs.  

Jeremy535897

EssJayD said:

if you have more than 2 years service they can't follow a 'short' redundancy process so need to ensure people are selected fairly and you'd be entitled to see the redundancy scoring and have the opportunity to query it if you feel your score is unfair. 

"Jamesella1 scored highly so is at the top of the list for redundancy because they queried unlawful process in relation to enforced holidays" would be a bit silly of them.

They need to read reg 15 of the Working time regulations 1998. 

Get a few of you together if you can to tackle this together, but I don't think you'll need it tbh.  If you're willing to take this all the way put a written grievance in, if they don't get back to you satisfactorily and if they don't roll back start early conciliation via Acas - this would be particularly amusing to do as you'd still be employed but you have the 'power' as you don't need the job, and if you get a sniff they are treating you unfairly because of this you can put another grievance in, if they sack you because you've been 'awkward' you go back to early conciliation     

Its partly thanks to people like you why we have the employment rights we do.  Too many people are happy to accept poor treatment from employers because they are scared of losing their jobs.  

Best just to check first that the contract of employment does not override paragraph 15.

EssJayD

hmm........dont think an employer can rely on that for retrospective enforced hol leave?

Jeremy535897

EssJayD said:

hmm........dont think an employer can rely on that for retrospective enforced hol leave?

I doubt it, but if there is something different to paragraph 15 in the contract, that is what the employer should be asked to read (and enforce), not paragraph 15. It puts you on the back foot if you raise the wrong point.

jimkelly

If they intend to force you to take this extra weeks holiday, then surely they still owe all of you and your colleagues another week at 100% of wages after issuing you with proper notice procedure?

The money already paid to you, under the false pretense that you were on annual leave (that they never informed you of) is irrelevant and could just be seen as them topping up furlough to 100%?

EssJayD

Jeremy535897 said:

EssJayD said:

hmm........dont think an employer can rely on that for retrospective enforced hol leave?

I doubt it, but if there is something different to paragraph 15 in the contract, that is what the employer should be asked to read (and enforce), not paragraph 15. It puts you on the back foot if you raise the wrong point.

True, assumption from me there that employers don't tend to have such a clause.  

[Deleted User]

So many employers trying to steal holiday now. You are in a strong position because it's illegal.