Job - Making up time when the office is closed

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Hi,

I hope someone can help me. My employers sent an email to the staff saying that the office will be shutting on Christmas Eve (it was originally meant to be a workday).

They then asked all of the staff to either take that as annual leave (the majority of us have not got any left) or to work in our lunch break to make up time (7 hours in total).

As the office is closed (rather than us choosing not to work) is this legal?

I hope that I have made sense. If you need anymore info, let me know.

Thanks in advance.
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  • themull1
    themull1 Posts: 4,299 Forumite
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    Yes, if it was a work day and they're closing, iwould have thought that it was reasonable to have either a days holiday, or make it up at lunchtime. I would do the lunchtimes!
  • nickyhutch
    nickyhutch Posts: 7,596 Forumite
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    My husband's place of work closes at Christmas every year and they have to take annual leave. He has to take 4 days this year so that he's off 24th Dec til 2nd Jan.
    ******** Never be a spectator of unfairness or stupidity *******
    "Always be calm and polite, and have the materials to make a bomb"
  • ffghugsf
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    Embrace wrote: »
    Hi,

    I hope someone can help me. My employers sent an email to the staff saying that the office will be shutting on Christmas Eve (it was originally meant to be a workday).

    They then asked all of the staff to either take that as annual leave (the majority of us have not got any left) or to work in our lunch break to make up time (7 hours in total).

    As the office is closed (rather than us choosing not to work) is this legal?

    I hope that I have made sense. If you need anymore info, let me know.

    Thanks in advance.

    As you've not been in your job 12 months yet, I suggest you don't go rocking the boat over this extra day off.

    Let your workmates handle it if they are not happy with the situation ;)
  • Embrace
    Embrace Posts: 27 Forumite
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    nickyhutch wrote: »
    My husband's place of work closes at Christmas every year and they have to take annual leave. He has to take 4 days this year so that he's off 24th Dec til 2nd Jan.

    We have to have 3 days leave over this period too, but the 24th does not cover this period
  • nickyhutch
    nickyhutch Posts: 7,596 Forumite
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    Embrace wrote: »
    We have to have 3 days leave over this period too, but the 24th does not cover this period

    I think they're making them do the Monday too to make it a nice longish break for them. They'd only finish at lunch and go to the pub otherwise :D
    ******** Never be a spectator of unfairness or stupidity *******
    "Always be calm and polite, and have the materials to make a bomb"
  • mttylad
    mttylad Posts: 1,519 Forumite
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    themull1 wrote: »
    Yes, if it was a work day and they're closing, iwould have thought that it was reasonable to have either a days holiday, or make it up at lunchtime. I would do the lunchtimes!

    But is that legal?
    It's not reasonable if it has only just been announced knowing that most employees would have already used up their holiday entitlement.

    Christmas closures are usually arranged at the start of the holiday year so people can arrange their holidays around it.

    If the office is forcing a closure then they need to make arrangements for people to be paid or not for this time.

    If you have no holidays left, and was not told of this requirement beforehand then perhaps your employer needs to become liable for their changes and failure to ensure that you have holidays left for this time.

    Perhaps it can be taken as unpaid leave.
  • Embrace
    Embrace Posts: 27 Forumite
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    mttylad wrote: »
    But is that legal?
    It's not reasonable if it has only just been announced knowing that most employees would have already used up their holiday entitlement.

    Christmas closures are usually arranged at the start of the holiday year so people can arrange their holidays around it.

    If the office is forcing a closure then they need to make arrangements for people to be paid or not for this time.

    If you have no holidays left, and was not told of this requirement beforehand then perhaps your employer needs to become liable for their changes and failure to ensure that you have holidays left for this time.

    Perhaps it can be taken as unpaid leave.

    That is what I thought... We already have an agreement put in place that we save 3 days to cover the Christmas period, and now they are moving the goalposts?

    They have already said that we cannot take unpaid leave.
  • WestonDave
    WestonDave Posts: 5,154 Forumite
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    Think carefully about what you want from this. Do you really want to have to go in and work (and bear in mind if this gets changed you will be under the screw on the 24th!) on one odd day before Christmas right up to 5pm rather than clocking off on the 21st and having the best part of a week and a half off to totally unwind? Because if you kick back against this that is likely to be the outcome - you will absolutely not get an extra days free holiday!

    To me the employer has been fairly sensible - no-one will want to be working full on on that day, so allowing staff to get work done in advance by working lunchhours gives those with no leave left the chance to have this longer break as well as no doubt enabling the employer to avoid an unproductive day on the 24th and save a few quid on heating costs etc.

    The other question is what is so important about lunchhours that you can't/won't give up a few as a form of flexi time to build up this holiday - if this was my employer I'd be laughing as half the time I don't get round to taking lunchhours anyway and it would just be extra holiday! Even on days I do take a break its generally just aimlessly wandering around the town centre trying not to waste money on tat I don't need!
    Adventure before Dementia!
  • 00ec25
    00ec25 Posts: 9,123 Forumite
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    Embrace wrote: »
    As the office is closed (rather than us choosing not to work) is this legal?
    YES
    your contract of employment doubtless makes it clear that holiday timings are at the discretion of the employer, You have no absolute right to take holiday when it suits you and yes the employer can tell you when to take it instead

    be grateful that:
    a) you still have a job
    b) you are being offered the chance for a long Xmas break without having to take unpaid leave


    or were you intending to get paid on 24th Dec by being at "work" down the pub?
  • zzzLazyDaisy
    zzzLazyDaisy Posts: 12,497 Forumite
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    Another thread where a relatively new poster comes to this board seeking CAB advice and getting replies from well meaning ordinary MSErs who have no connection at all with the CAB. Sorry but I think this experiment is a shambles!

    OP the CAB have committed to replying to questions on this board within 48 hours on working days. That means it could be the middle of next week before you get a reply. I suggest that you go over to the employment board for advice and information.

    Dx
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
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