Forced to take holiday over Christmas

[henrygregory]

Good morning, for the past two years, my employer has forced all employees to take the interlinking days off over the Christmas break between Christmas day and new year.

Whilst I understand the reasoning why (because their customers are shut meaning there would be absolutely no work for us to do), I have only ever been verbally told this.

Should this not be in a written contract?

[Tools]

Re: Forced to take holiday over Christmas

Hi Henry,

This does not have to be written into your contract as it is considered an "implied term". Many companies operate this policy and in the main it is standard practice.

Have a read here > http://www.acas.org.uk/index.aspx?articleid=1374 for more details

[henrygregory]

Re: Forced to take holiday over Christmas

Hi Henry,

This does not have to be written into your contract as it is considered an "implied term". Many companies operate this policy and in the main it is standard practice.

Have a read here > http://www.acas.org.uk/index.aspx?articleid=1374 for more details

Hi there, thanks for your reply. That is fine. I have never had a problem with it myself, and I am quite grateful of the extra time.
However, I was made redundant four weeks ago and my employer now seems to be trying every trick in the book to get out of paying me for un-used holiday. I just wanted to verify where my position was on forced holiday.

To cut a story short, they are now saying that I used too much holiday for 12-13 so they are going to carry it forward to 13-14 which will mean I would effectively owe them money.
My records differ from theirs, and they are now want me to provide evidence that I worked the days I did (they have no offices, I am just a contractor). Getting evidence from their own clients which relates to dates years ago is next to impossible.
This is a voluntary insolvency and the company is solvent.

[Tools]

Re: Forced to take holiday over Christmas

Were you paid for the dates in question, if so then in my opinion they have already accepted that you did work those days.

Carrying over holidays, for or against, is also allowed if it is previously agreed or within the contract.

[henrygregory]

Re: Forced to take holiday over Christmas

Were you paid for the dates in question, if so then in my opinion they have already accepted that you did work those days.

Carrying over holidays, for or against, is also allowed if it is previously agreed or within the contract.

Hi, yes I was paid as normal like I am for each month for all years so far. It states in my contract that I am allowed to carry over 5 un-used holiday days per year.

"Unused holiday entitlement may be carried forward to the next holiday year. The amount of holiday that can be carried forward into the next holiday year is limited to 5 days."

[geoffrey]

Re: Forced to take holiday over Christmas

There are many retail employees who would love to have a holiday with their families at Christmas but only get one day off. A friend of mine is not allowed to have a holiday over Christmas, Easter, Spring Bank holiday, or the last week in July and the whole of August 'as the branch at which your are employed is in a holiday area'. She took the matter to law and lost so I imagine that there is nothing unlawful about a business shutting down over Christmas. Of course the employee concerned could suggest to their employer that they keep operating through the Christmas season except for Christmas day and have their holidays at other times but that may not be popular with the other employees.