Employment law

[woodchopper]

I work for a distribution company driving an HGV. this evening we received a letter stating that " due to a downturn in volumne of work and trading of our customers, the company has taken the decision to request that you take Tuesday 5th June as a days holiday from your annual leave entitlement.
This letter serves as notice of the company's intention to implement same".

Can they force me to take a holiday out of annual leave entitlement?

My contract states that where work is temporarily stopped for any reason beyond the control of the employer you may be temporarily laid offf without payment.

[factor-fiction]

Companies can decide when you should take holidays.

[factor-fiction]

I think they should have given ore notice though- and what would happen if you'd already booked agreed holidays for later in the year and used up your entitlement

[buildersmate]

As your paragraph 3 Q provides in your contract for the employer to lay you off without pay if work is temporarily stopped, it is presumably an option for you to ask to take the 5th June as unpaid. Have you asked?

[woodchopper]

have asked and they said they can force me to use a day out of my annual leave entitlement

[woodchopper]

under what law can they force me to take a days leave?

[bednobs]

you bosses could dictate that you have your annual leave at whatever time they like - they could make you take it as single days spread over the year, or as one block if they wanted - as long as you have had the statutory minimum, that's enough.

[tonywiltshire]

They are probably referring to the working time regulations 1998/2012.
Unfortunately, as has been said, your employer can dictate when you should take a holiday as long as is not discriminatory (direct or indirect) and two days notice for each day of holiday is given.

[Johnysid]

Damn economy. I would check that the company really is doing badly, if they cannot afford to pay then a tribunal would be disinclined to find in the worker's favour. Bank holidays are not "beyond the control of the employer" and if it has been customary to pay bank holidays then they are an implicit part of your contract and the company cannot make them covered by "holiday pay". If the company can pay then all staff should get together and write to the employer stating that there is a breach of contract.

[buildersmate]

Nice idea, unfounded in law. You are kite-flying.
In addition the 5th June 2012 is a public holiday, not a bank holiday; it makes a difference.

[Johnysid]

It could be worth seeing if the kite will fly..there must be some free legal advice somewhere.

[tonywiltshire]

BM and others have given very helpful and correct legal advice.
Unfortunately this kite will not fly.

[flitty]

they are not laying yopu off if they are paying you. whenever there is a change in terms and conditions you must receive 90 days notice of their desire to do so

[Prudie]

I'm a civil servant who has apparently more bank and privilege hoildays than anyone else but there are 2 occasions in the year when we are made to take annual leave by force. if they can do it then I'm sure a private business can!

[factor-fiction]

There are 12 weeks in the year when I am forced to take holidays.

[ojread2]

Yes they can, you get x amount of holidays per year and this can include BH or BH can be extra

http://www.direct.gov...dholidays/dg_10029788

[Peter Pedant]

if you can find a better job go to it