I don't know if I am posting this in the right place but I could do with some advice if anyone can help me.
I currently work full time as the sole accounts assistant at my place of work, there were 2 of us but one was laid off in March. So I now do payroll, sales and purchase ledger, month ends, credit control, well everything really!
I always go on holiday the 1st fortnight in August due to my hubbys firm closing down that fortnight. Now this year I had to put up with my boss making just the right side of jokey comments about me not going but he was quite seriously trying to get me not to go. I got back today and within 20 mins I was fit to walk out.
He had a list of non problems, some of which he knew about anyway before I went which he denied he did not that theres anything new in that he does it to everyone when they get back off holiday.
Whats really got my goat is hes now said I cannot take any holidays in the first week of any month at all without exception. Now as I have to run payroll by the 24th of the month that effectively means it will be hard to take a fortnight off and will be impossible to take a summer holiday with my family. Can he do that? Hes a complete holidayphobe and detests us taking holidays, never takes any himself but I'm not happy with this. I signed up for a job not a lifestyle.
Do you have a contract, I think to stop people taking particular time off it has to be written into your contract, i.e in mine it states that I can't have time off at the end of the month and in november. If it isn't in your contract then it isn't set in stone. Personally I would sit down and discuss these periods where you are not allowed holidays and come to some amicable agreement and get it drawn up if necessary.
I remember when I worked at a particular FE establishment where the Head thought he could dictate our holidays. This was run as part of local government but he thought he was independant. Anyway he made this wonderful spreadsheet all coloured in with times when we could or could not have holidays (we were on the usual 4/5 weeks a year not academic holidays where you get 6 weeks in summer, 3 at easter etc). When one looked at the times available (we couldn't be off in enrolment week, we couldn't be off on staff training week) like you additions it would have been difficult to get a couple of weeks together. So we all joined a union and he was told in no uncertain terms that he could not do this and, in fact, we could if we wanted even take holiday during term time - which none of us ever did.
As Steve says unless there is a specific clause in your contract or employee handbook you can take your 5.6 weeks at any time although usually not more than 2 weeks at a time.
See extract form ACAS documentation below and weblink.
The last para "An employer can require a worker to take all or any of the leave to which a worker is entitled at specific times, provided that the worker is given prior notice."
Prior notice is the key and it sounds as if you have now been given prior notice.
My next step if I were you would be to phone ACAS or citizens advise if you are concerned. from the limited amount ive read about this it looks as if the employer will come out on top (although may have to ammend the employment contacts).
""Applying for leave Workers are required to give notice to their employers if they wish to take a holiday. The default notice period must be twice as long as the period of leave requested (although an individual contract may state differently). For example, a worker wanting one weeks holiday needs to give two weeks notice. The employer can refuse permission by giving counter notice at least as long as the leave requested, ie one week. Restrictions on taking leave Restrictions on taking holidays may be expressly stated in the contract of employment, implied from custom and practice or incorporated into individual contracts from a collective agreement between the employer and trade union(s). Employers may choose to: shut down for certain periods during which all or some groups of workers have to use their annual holiday entitlement nominate particular dates as days of closure, when workers are expected to take annual leave (for example, over the Christmas and New Year period) determine the maximum amounts of leave that can be taken on any one occasion and also the periods when leave may be taken. An employer can require a worker to take all or any of the leave to which a worker is entitled at specific times, provided that the worker is given prior notice."
__________________
Forgive the typo's I generally do not proof read. Just lazy I guess!
It's all enough to make you try self-employment. Luckily for me, I discovered I was unemployable around the age of 24 and never looked back since. Somehow, it's OK to be forced to work on the odd occasion when you're the boss (eg. a company payroll and you can't find a temp).
What's a holiday? Seems like a period of enforced non payment to me!
seriously though the situation here is really that the company has too few workers for the work and the boss is trying to seek your compliance in making that situation work which of course perpetuates the problem.
The real issue here is why is the company understaffed? are there genuine financial issues causing the current situation or is it simply down to good old fashioned greed and getting more for less.
You might want to suggest that holiday periods an perhaps the first week of each month are covered by the backup of temporary staff rather than all of the emphasis being placed upon yourself?
Just a suggestion,
Shaun.
__________________
Shaun
Responses are not meant as a substitute for professional advice. Answers are intended as outline only the advice of a qualified professional with access to all relevant information should be sought before acting on any response given.
I'm having one of those enforced non payment days today.
The car had some repairs for the MOT at a main dealer in Scotland and they totally messed her up.
Took her back once to give them a chance to rectify the faults but they just messed it up further so I've taken a day out to bring her back to my normal garage to have all the MOT work(!) undone and for her to be fixed properly.
As an example of one of the issues, NSF ball joint was replaced and they didn't follow it up with retracking. Result was tracking should be at +2 but was actually at -6 so had a shake in the steering that felt as though I was driving over a ploughed field!
Also the petrol consumption has dropped through the floor (47 mpg down to 18 mpg) and the drivers side front wheel gets so hot that you could fry eggs on it making it sound like the brakes are locking on but not enough to stop her (which sounds as though they didn't do the neccessary with the brake callipers after playing with the wheels).
Makes my blood boil as right up to the MOT she drove absolutely perfectly, great petrol consumption, very responsive, fun to drive, etc. After the MOT I just got a bag of nails back and got charged over a grand for the privelage!!!
I really might as well have just taken her into some back street shop or even just given my eleven year old a couple of spanners and a Haynes manual as I doubt if anyone could have done a worse job than the one that a main dealer (can't emphasise that bit enough) did on her.
Ok, rant over. Hows life with you matey?
__________________
Shaun
Responses are not meant as a substitute for professional advice. Answers are intended as outline only the advice of a qualified professional with access to all relevant information should be sought before acting on any response given.
Mrs just had her car MOT'd and was quite reasonable I thought, they didnt stitch her up on the repairs - local garage not main dealer, makes the difference.
I'm on public transport, taxis and lifts at the moment my old Landrover has been off the road for neigh on 3 weeks now - cracked cylinder head. Spare head we located turned out to be cracked too and that took 4 working days to find out, then ordered new head and when that was delivered to our garage the mechanic went on holiday!!!!! Drat the dreaded holidays.
