Holidays/Possible contract change

[Guest]

Hi,
Just looking for some initial advice please. My employment contract states I am entitled to unpaid leave which can be taken at my discretion. However, I have recently tried to book unpaid time off and was informed that they are not allowing this as they don’t have the availability due to prioritising staff who have paid annual leave remaining. As the employer will not be honouring this until January 2021 at the earliest, I am wondering if this would constitute a change in contractual terms? There are available dates for leave but they can only be taken by staff who have paid leave remaining which seems very unfair. Would very much appreciate some thoughts on this. Thanks in advance.*

[ULA]

Can you post up the full clause in your contract (anonymise any relevant information) that covers this point please.

[Scorpius18]

The clause states the following - In addition to the paid holidays above, you are entitled to take a reasonable amount of unpaid holidays at your discretion. In exercising your discretion under this sub clause you should take into consideration both your own workload and that of your colleagues. All holidays must be agreed in advance.*

[Scorpius18]

The only other guidance is in the handbook which states unpaid leave is allocated the same way as paid leave. If there is leave available it will be granted. There’s no mention anywhere that they have the power to temporarily stop offering this. I also get 20 days allowance as unpaid leave which is documented and one of the main reasons I took the job as I like to travel. Thanks again.*

[ULA]

Firstly all holiday has to be approved which therefore gives the company the right not to approve holiday whether it is paid or unpaid and I should think in most cases the company would prioritise the paid leave. Secondly this is only a temporary situation and not a permanent change to the contract so long as it does not continue beyond Jan 2021.*