We'd like to remind Forumites to please avoid political debate on the Forum. This is to keep it a safe and useful space for MoneySaving discussions. Threads that are - or become - political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

Holiday entitlement...urgent advice needed

Hi everyone

My girlfriend and I have booked a few short breaks to be taken in quick succession due to the cheap flights available with ryanair. I am fine to get the time off work because I work flexi time and my boss is very slack about taking time off etc. My girlfriend, however, works the till in a butchers where unfortunately her boss is a 'proper meathead' (pardon the pun).

Now, our problem is that we have planned to go to valencia from 1st feb - 4th feb. That works out as friday to monday. Now my girlfriends days off are friday and sunday so obviously she only needs two days off from work. Also, the days she needs off (saturday and monday) are in two seperate working weeks so you would think that this would be no problem. Her boss however, is saying that she MUST take a whole week off work.

I am asking for advice on this because she obviously doesnt want to use a weeks worth of holidays when she only needs two days off. We cannot afford her to have 2 days off sick as we have another holiday to porto booked about 2 weeks later and everything is being done on a tight budget.

Where does she stand from a legal point of view. Can her company enforce that she uses a weeks holiday when she only wants two days off. It is not so much having having the time off work that is a problem for her but rather that her company is saying that it is company policy that this happens (having the whole week off).

The thing is, she has worked there for about 6 months now, working 45 hours a week whilst they are telling her she is only part time staff and scheduled to work 18 hours a week (probably to avoid paying full holidays/sick pay etc). She has never signed any form of contract in the whole time she has been there and they have been happy for this to continue due to her hardworking and quiet nature. Other such ludricous company policies include someone who is sick ringing in themselves to say so, as I found out once when I rang in for her. The bonehead on the other end of the phone said that in his experience even people who are ill can come to the phone. I asked whether he was a doctor and what would happen if someone had been run over etc, lost their voice, was in a coma and couldnt speak.

We are considering going to the citizens advice or our solicitors but time is of the essence as we are going to madrid on tuesday, so we would appreciate if anyone can say with a certain degree of certainty her she stands on this issue.

Sorry for the long explanation, hope someone can help

Tom
Matched betting profit since 11th June 2006: £613.88
«1

Comments

  • jeannieblue
    jeannieblue Posts: 4,761 Forumite
    Part of the Furniture Combo Breaker
    I can't answer your problem to be honest - but recommend you pose this question on the employment/job forum - very good on there re rights etc.

    Good luck.
    Genie
    Master Technician
  • Becky_2
    Becky_2 Posts: 1,089 Forumite
    Hi Tom!

    Normally I would say read your contract but if she hasn't received a contract then that's not possible. Unless the company she works for is really cheeky and knows that after a certain time of employment a contract becomes legally binding even if you haven't signed it. I would contact your local citizen advice bureau or perhaps ACAS can help. http://www.acas.org.uk/

    Or ask the union but I bet that a company like that doesn't belong to a union.

    Would it be possible that she could ask a colleauge to swop shift with her ? This way your girlfriend could solve this easily without any annual leave.

    Good luc.

    Becky
    No toiletries challenge, started 18/1/2010 - Putting £1 in my savings jar for every item that I use up. Pot 1 to 4 = £261. Pot 5=£23
    Boots points:£39.21. Extra money in 2012:£674.59. In 2013 £603.48. 2014: £85. 2015: £0 :j
  • there's no 'generic' answer that applies to all firms about when you can take annual leave ...it should be covered in your terms and conditions but that doesn't appear to be much help in her case....legally they would be within their rights to include and enforce the method of taking leave they have quoted to her (subject to contract of employment / terms and conditions)
    as for ringing in sick they are probably within their rights to ask the employee to ring in personally .... maybe not on the initial call but they may want contact at some point during the day....you may have been up all night with whatever ....get off to sleep at say 06.30 and then it would be unreasonable to ask you to get back up at 07.30 to ring in when your partner is perfectly able to do so .
    if they tried to discipline you it would be based on what was considered reasonable
    all of this of course IMHO
  • lynzpower
    lynzpower Posts: 25,311 Forumite
    10,000 Posts Combo Breaker
    I have a feeling there is.

    I have a feeling that the employer cannot disctate in what format annual leave is taken, although they can request flexibility to deal wirth team holidays ( ie not everyone can have Xmas eve off as holiday, we cant have 3 people away at one time etc)

    DMG & Oh really on the employment board should be able to catagorically tell you.
    :beer: Well aint funny how its the little things in life that mean the most? Not where you live, the car you drive or the price tag on your clothes.
    Theres no dollar sign on piece of mind
    This Ive come to know...
    So if you agree have a drink with me, raise your glasses for a toast :beer:
  • lynzpower wrote: »
    I have a feeling there is.

    I have a feeling that the employer cannot disctate in what format annual leave is taken, although they can request flexibility to deal wirth team holidays ( ie not everyone can have Xmas eve off as holiday, we cant have 3 people away at one time etc)

    DMG & Oh really on the employment board should be able to catagorically tell you.

    of course they can tell you .....think about factory shut downs. i work and have worked in heavily unionised companies and nearly all have some rules on when you can take holidays ( they all have had huge HR depts as well )
  • dmg24
    dmg24 Posts: 33,925 Forumite
    An employer can dictate when and how you take holiday, as long as it does not stop you taking any holiday.

    Further information here.
    Gone ... or have I?
  • Fleago
    Fleago Posts: 1,185 Forumite
    Part of the Furniture Combo Breaker
    An employer asking the employee themselves to phone in sick is not an unusual situation - my own employer asks this of its staff. If there are extenuating circumstances preventing the employee from doing so, such as being in a coma etc, then clearly discretion on the part of the employer over the application of this policy is called for.
  • lauraza
    lauraza Posts: 126 Forumite
    Hi,

    This situation could be very dangerous in the future should your girlfriend have any serious problems with her employer as she has no contract. An employer is legally required to put some of the main details of an employee's work in writing - including hours, pay and leave i.e. if she asks for this and they refuse to provide this, they are breaking the law:

    http://www.acas.org.uk/index.aspx?articleid=516&detailid=544

    I would urge your girlfriend to call ACAS's helpline:

    08457 47 47 47

    Monday - Friday 08:00 - 18:00


    They give advice on general problems, and I think they should be particularly helpful in answering her questions regarding annual leave, and when it should be taken. I would probably say hewr employers wish to enforce that the holidays are taken in the same week very difficult to enforce, given that they have never given her a contract in which this is a condition of employment.

    This link should be useful on reading about annual leave:
    http://www.acas.org.uk/index.aspx?articleid=1109

    She may wish to make a written request for leave, and if the days she needs are refused, she can submit a written grievance, and if not resolved at this point she could then take legal action. But this can be stressful and often costly and she can hopefully resolve this without taking legal action.

    Your girlfriend sounds an honest and valuable employee who perhaps should think about looking for work with an employer who values her good working ethic.

    Best of luck
  • dmg24
    dmg24 Posts: 33,925 Forumite
    lauraza wrote: »
    She may wish to make a written request for leave, and if the days she needs are refused, she can submit a written grievance, and if not resolved at this point she could then take legal action. But this can be stressful and often costly and she can hopefully resolve this without taking legal action.

    I'm not sure why she would wish to make a grievance when the employer has not done anything wrong?!

    I agree that she does need (and is entitled) to get her conditions of employment in writing, but I would also be very careful not to cause unnecessary problems.
    Gone ... or have I?
  • Mosr companies I know require you to have your holiday request authorsied before you go ahead and book the flights/hotels etc.

    I also know a lot of companies have the holiday 'whole working week at a time policy'.
    A minute at the till, a lifetime on the bill.

    Nothing tastes as good as being slim feels.

    one life, live it!
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 348.2K Banking & Borrowing
  • 252.1K Reduce Debt & Boost Income
  • 452.3K Spending & Discounts
  • 240.7K Work, Benefits & Business
  • 617K Mortgages, Homes & Bills
  • 175.6K Life & Family
  • 253.9K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16K Discuss & Feedback
  • 15.1K Coronavirus Support Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.