Employer says I can't take leave

Sazzler

Hi all, just got a quick question to see if anyone knows where I stand with this.

I have worked at my employers for 3.5 years never had a problem particularly getting leave barring the usual to many people wanting the same day. I have nothing in my contract that says I can't take certain weeks or anything but my boss has turned round and said I cannot have the first week of any month off at all.

I wouldn't be bothered most months because I have month end to do but my partner shuts his manufacturing firm down for 2 weeks in August so I kind of have to have those 2 weeks for us to get a family holiday. Its not an option for him to move the shut down, its like a traditional thing in that industry to close those two weeks so I'm a bit stuck. I am on my own in this department now due to cutbacks but I haven't had a promotion, just have to do other peoples work for the same money so I'm not being compensated for this sudden imposition in any way at all!

Can they actually enforce this without advising me in writing or amending my contract? I don't really want it to get nasty but I can't be expected to not have a family holiday and I explained to them when I started that I would be always on the same weeks off on August due to partners firm and they said it was fine.

jenny3549

The simple answer I'm afraid is yes, they can enforce this. Provided an employee gives sufficient notice that they want to take a holiday that is usually all that is needed but (and it's a big but) the employer can refuse those particular days or weeks if there is a business reason to do so.

They certainly do not need to amend your contract and only need to advise you in writing if you put your holiday request to them in writing otherwise verbal is sufficient.

Unfortunately they are perfectly entitled to refuse to allow you take holidays at that time so there is nothing you can legally do about it. However, since you have always taken that time off and they are aware of the reason why, the only option for you is to appeal to their better natures. Don't 'get nasty' - that won't get you anywhere. The softly, softly approach often works better. Try explaining that this will cause you major problems and that you are really unhappy about it.

Good luck - hope it works out for you.

blobbyh

Just out of curiosity, but what industry is your partner in? I haven't worked at an enforced shut down company since 1988 and I thought this kind of thing had mostly gone the same way as half day closing on Wednesdays. Usually this was done to perform maintenance and repairs on machines that couldn't adequately be done throughout the other 52 weeks of the year, so I'm guessing it's similar?

It might seem unfair but your partners arguably antiquated industry practices are not reflective of the dynamic business world that most of us are now having to adapt to, willingly or otherwise.

Pain in the arse though.

zara5034

blobbyh wrote: »

Just out of curiosity, but what industry is your partner in? I haven't worked at an enforced shut down company since 1988 and I thought this kind of thing had mostly gone the same way as half day closing on Wednesdays. Usually this was done to perform maintenance and repairs on machines that couldn't adequately be done throughout the other 52 weeks of the year, so I'm guessing it's similar?

It might seem unfair but your partners arguably antiquated industry practices are not reflective of the dynamic business world that most of us are now having to adapt to, willingly or otherwise.

Pain in the arse though.

I recently worked for a company that had, and still has a traditional 1 week closure that staff are all made aware of during interview, if they do not have the annual leave entitlement left, then they have to take it as unpaid leave. The company is a shipyard!

janwal

Sazzler wrote: »

Hi all, just got a quick question to see if anyone knows where I stand with this.

I have worked at my employers for 3.5 years never had a problem particularly getting leave barring the usual to many people wanting the same day. I have nothing in my contract that says I can't take certain weeks or anything but my boss has turned round and said I cannot have the first week of any month off at all.

I wouldn't be bothered most months because I have month end to do but my partner shuts his manufacturing firm down for 2 weeks in August so I kind of have to have those 2 weeks for us to get a family holiday. Its not an option for him to move the shut down, its like a traditional thing in that industry to close those two weeks so I'm a bit stuck. I am on my own in this department now due to cutbacks but I haven't had a promotion, just have to do other peoples work for the same money so I'm not being compensated for this sudden imposition in any way at all!

Can they actually enforce this without advising me in writing or amending my contract? I don't really want it to get nasty but I can't be expected to not have a family holiday and I explained to them when I started that I would be always on the same weeks off on August due to partners firm and they said it was fine.

I had the same problem was not told when I started work that I would not be allowed the 1st week of evey month due to month end and then it got to the 2nd week due to another deadline, was getting to the case of only a few days a month allowed. That has all changed now as last year my boss took 2 first weeks off for holidays, so she darn't say no.
A lot of companies in the North have the old shut down rule still

Andypandy

Most of the manufacturing businesses in Leicestershire still work this way!

Sazzler

He manufctures kitchens and stuff, its like a traditional holiday in that industry. A lot of the suppliers close down as well, or they do in Leeds so it makes moving his shutdown a bit tricky.

I don't mind being told I can't have set times off, its just a bit goalpost moving doing it after 3 years. Ah well hey ho!!