Employment law question

[fq-craigus]

My other half has just told me that in march her shop is closing for two weeks for a refit.

Now she has been told that despite having a 27 hour a week contract she will be unpaid for this tine and has been told to take the time off as holiday. There is no offer to work in any other local stores (two others within 3 miles)

Now as far as im concerned she is contracted to work and they are olbliged to supply the hours?

I have told her to contact hr but does anyone know where she actually stands?

I was paid by carphone warehouse years ago when they closed for a refit

[Joeman]

https://www.gov.uk/holiday-entitlement- ... -time-off-

 

When leave can and can’t be taken

Employers can:

tell their staff to take leave, eg bank holidays or Christmas

restrict when leave can be taken, eg at certain busy periods

There may be rules about this in the employment contract or it may be what normally happens in the workplace. The notice period for this is at least twice as long as the leave they want their staff to take.

 

And she should get paid holiday... so paid for the time off.

[NeilM]

Never mind contacting hr. She needs to contact her union asap.

[fq-craigus]

She hasn't got a union she thinks. So she can be made to take it as holiday then?

[NeilM]

I'm no employment law expert. But I have been a union steward etc in the past and in my experience we would have laughed this situation off the table. Look at your various insurance policies as some offer free legal advice irrelevant of the subject matter.

House insurance often offers this.

[Joeman]

EDIT: England link... Quote below still valid

http://www.adviceguide.org.uk/england/w ... ay_pay.htm

 

Your employer can require you to take all or any of your holiday at a particular time, as long as they give you the right notice at the right time and take into account certain agreements between you.

 

your employer can make you take your holiday during the times you are not required to be working,

Edited January 12, 2015 by Joeman

[fredc]

http://www.adviceguide.org.uk/nireland/ ... ay_pay.htm

 

your link refers to Nothern Ireland and may not be relevant for the rest of the UK

[Joeman]

http://www.adviceguide.org.uk/nireland/ ... ay_pay.htm

 

your link refers to Nothern Ireland and may not be relevant for the rest of the UK

 

Edited the post to have the England link:

http://www.adviceguide.org.uk/england/w ... ay_pay.htm

info still the same

[fq-craigus]

Interesting, thanks for the links, she is speaking with her mum who has a union, i just find it appauling that with a contract they can make you redundant in affect for a couple weeks.

[klingelton]

I'm pretty sure your employers can enforce you to take holiday when it suites them. Most don't as employee satisfaction is of utmost importance.

I'd lump it for now and start looking for a new job.

[fq-craigus]

They not makin them take hols aparantly they are saying its unpaid and just heard the latest, its up to them to do overtime before and after to make up the hours

[Grumpy Old Git]

What is stated in the contract of employment? If holidays and closures are not specified and the employee is not aware of previous examples, then there is a case to dispute. As mentioned earlier - get legal advice.