Employment contract restricts holiday

twopointfour1980

Hi all

I have an offer for a job that I'm very keen on. I've read through the paperwork and in the part about holidays it states that due to seasonal pressure on the business, holiday is not allowed between November and January so 3 months.

I understand the reason why in terms of the demand on the business but I've never seen it written explicitly in a contract before - it's normally implied where I've worked before and if a holiday request was put in, you'd expect it to be denied.

I'm surprised it wasn't raised in the interview as i see it as quite a big thing.

Am I worrying about nothing or is this quite typical to be written in to employment contracts for companies where there is a known high demand within certain seasons?

elsien

In practical terms I’m not seeing a lot of difference between a formal contract which says says not in this timeframe , and an informal agreement  where you know not to bother asking because you’re going to get a no anyway. 
 The end result is no holiday either way. 

twopointfour1980

elsien said:

In practical terms I’m not seeing a lot of difference between a formal contract which says says not in this timeframe , and an informal agreement  where you know not to bother asking because you’re going to get a no anyway. 
 The end result is no holiday either way. 

That's true. If I read between the lines, I think there is flexibility to an extent if people can cover the work. I've not seen it so explicit before but I can see how they need to protect themselves for their busiest periods.
Just up to me if I want to be bound by the restriction!

TadleyBaggie

twopointfour1980 said:

Just up to me if I want to be bound by the restriction!

I think you will find its not up to you, they will simply refuse holiday requests, which they are legally allowed to do.

twopointfour1980

TadleyBaggie said:

twopointfour1980 said:

Just up to me if I want to be bound by the restriction!

I think you will find its not up to you, they will simply refuse holiday requests, which they are legally allowed to do.

Sorry if that wasnt clear - I didn't mean it that way. I meant in the context of accepting the job offer

Marcon

twopointfour1980 said:

TadleyBaggie said:

twopointfour1980 said:

Just up to me if I want to be bound by the restriction!

I think you will find its not up to you, they will simply refuse holiday requests, which they are legally allowed to do.

Sorry if that wasnt clear - I didn't mean it that way. I meant in the context of accepting the job offer

It's not that unusual, depending on the nature of your employer. Schools don't generally permit teaching staff to take holidays during term time, other than half term. At least you know where you stand: highly unlikely to have holiday agreed during the busy period. Just one thought: are you sure it's 3 months? 'Holiday is not allowed between November and January' could be read as 'no holiday allowed in December'!

theoretica

Seems fair to put it in writing from the start rather than leave it as an unwritten rule and possibly nasty surprise.  I like knowing where I stand.

Undervalued

twopointfour1980 said:

TadleyBaggie said:

twopointfour1980 said:

Just up to me if I want to be bound by the restriction!

I think you will find its not up to you, they will simply refuse holiday requests, which they are legally allowed to do.

Sorry if that wasnt clear - I didn't mean it that way. I meant in the context of accepting the job offer

The default legal position is that an employer can totally dictate when an employee can (and cannot) take their holiday, providing that they are allowed to take it at some point during the year. It would be perfectly lawful to close the business for 28 days per year and allow no other holiday at all!

So, I can see no detriment in the contract spelling out that no holiday is allowed in certain months if that is important to the business. At least everybody knows where they stand.

55ryan

I've had jobs which restrict holidays, particularly around the end of the tax year. One job there was no holiday allowed unless in exceptional circumstances between 1/4 and 15/5. 

The fact that it doesn't sit well with you answers your question. I'm reminded of a quote by Billy Joel - 'if you wonder too much about what you should be doing then you probably shouldn't do it'. 

If it is concerning you now, it will be much worse in the job when friends/partner etc want you to go on holiday or you have won a holiday competition for example.

twopointfour1980

Marcon said:

twopointfour1980 said:

TadleyBaggie said:

twopointfour1980 said:

Just up to me if I want to be bound by the restriction!

I think you will find its not up to you, they will simply refuse holiday requests, which they are legally allowed to do.

Sorry if that wasnt clear - I didn't mean it that way. I meant in the context of accepting the job offer

It's not that unusual, depending on the nature of your employer. Schools don't generally permit teaching staff to take holidays during term time, other than half term. At least you know where you stand: highly unlikely to have holiday agreed during the busy period. Just one thought: are you sure it's 3 months? 'Holiday is not allowed between November and January' could be read as 'no holiday allowed in December'!

Thanks. Yes it actually states from the end of October to the end of January so it does make it clear. 

twopointfour1980

55ryan said:

I've had jobs which restrict holidays, particularly around the end of the tax year. One job there was no holiday allowed unless in exceptional circumstances between 1/4 and 15/5. 

The fact that it doesn't sit well with you answers your question. I'm reminded of a quote by Billy Joel - 'if you wonder too much about what you should be doing then you probably shouldn't do it'. 

If it is concerning you now, it will be much worse in the job when friends/partner etc want you to go on holiday or you have won a holiday competition for example.

That's what I'm contemplating. I have young kids and much of my holiday is used for school holidays which typically land in Feb, April June/July, Oct so the reality is that 90% of my holiday will have to be then and the restriction won't have much impact on me. This will be the case for at least the next 10 or 12 years.
I think there is a bit of flexibility for a day here or there and if I can improve the department to have more cover, I think it can be better too so I almost see it as a challenge to overcome.