christmas holidays

[layman]

Hi one and all, i am new to the forum and this is my first post so please bear with me.

I am a courier for a national company and have been for the past 7 years so i know i'm not under working time regs.
For every single one of those years, I have had mandatory leave over the christmas period, which if anyone works in that industry knows is a godsend.
Anyway, last week my employer (who by the way changed last year through a buyout) said that we were working over christmas this year. He is looking for 5 volunteers to work 3 days over christmas and if not enough do so then we will be rotered in. My problem is not the actual working even though id like the time off, it's the notice period given. If I knew earlier i could of used those 3 days already etc. Can my employer do this and if so, does he need to give notice or do it at a drop of a hat

Thank you all for helping me in advance, Layman

Just because your paranoid, dont mean there not after you.

[miliitant]

Re: christmas holidays

how was the company taken over,you mention buy out, was tupe involved

why do you think the working time regs dont apply, who told you that, and also, did you sign the opt out

as far as i am conncerned your original contracts of employment still stand unless you were made redundant and the re-employed under the new company

all sorts of thing come into play

custom and practice, implied terms in your contract

did anybody negotiate the transfer to the new company

any consultation period

did wages, holidays etc change when you moved to the new company

[layman]

Re: christmas holidays

It was a takeover of a franchise, so not sure if tupe was involved ( just looked it up).
I havent seen my original contract since the day i signed it 7 years ago. (suppose its a good idea to ask for it).
ive had the days off over christmas for past 6 years, so are u saying that these are implied terms and they cant just force us to work
this year cos they need us to. Thanks

Just because your paranoid, dont mean there not after you.

[miliitant]

Re: christmas holidays

if you can prove that you do not work christmas then yes, they would be committing a fundamental breach of your contract of employment by way of implied terms through custom and practice. that is you have done it for xyz, it is now contractual

to change that contract, the employer would need to do a 30 day consultation period with the staff

when did they announce the working over christmas bit officially, that is by email or letter

the key in your original post was for 5 VOLUNTEERS

THATS FINE

ONCE THEY START WITH COMPULSORY THEN THATS A WHOLE NEW BALL GAME

DOES YOUR COMPANY NOT HAVE A UNION OR STAFFING COMMITTE

will they be offering staff sweetners to work over christmas to attract volinteers

[layman]

Re: christmas holidays

Thanks alot Militant, that helps alot. Just need to get hold of my contract now regarding xmas working. Will do this if not enough volunteers come forward and my name is put down.
As regards official, u must be joking, most things in our place are word of mouth, letters are very rare.
NO, our company doesnt have a union or staffing committee, and the the only " sweetener" is time back that youve worked, no double time or anything.

Just because your paranoid, dont mean there not after you.

[miliitant]

Re: christmas holidays

can you pm me the name of the company

if you are unable to get a copy of your contract, it does not matter as it will be done on custom and practice and implied terms