Employment law and statutory holidays

[jam pie]

Hi All

A relative came to me with a query earlier.

The company she works for are obviously suffering with the downturn and have had voluntary redundancies, etc already.

At a meeting today management have decided that all staff with no exceptions must take 5 days holiday in the first two weeks of the year.

I'm fairly sure this is legal as employers can make certain demands on holiday time. Can anyone confirm? Whilst it's legal I think its highly unfair as some people (especially in the type of job) use their holidays to get them through the year.

One topic of conversation came up that if they were forced to take these holidays and the company suddenly decided to make 40% of staff redundant... would the holidays be deducted from the redundancy money due to them not actually being accrued (1.75 days a month) I'm not 100% but I think the management members said that this would be the case. It strikes me as a cost saving excercise and a precursor to redundancy in my opinion. (average £300 per 5 days x 250 employees = $$$ off redundancy money)

Any thoughts/confirmations or employment law that can be fired back at them? I suspect not but thought this would be a good place to ask

Regards

 

[loopylou]

According to this site the company can control when they take their holiday.

In normal circumstances if you quit your job while having taken more holiday that you are entitled too you would be expected to pay it back. Not sure about the redundancy factor though. I'm not sure that those 5 days would make a big difference tbh though. As you are only entitled to a week for every month, so those 5 days would account for just over 1 full day pay.

 

[jam pie]

Thought so.

On the second point though, i'm pretty sure they'd actually claim back the monetary value of the holidays... e.g. £80 per day hence the full £300.

Bit cheeky and underhanded if you ask me. I'm sure they'd prefer the money rather than having 5 days off straight after christmas..£300 is a lot of cash when your out of work.

 

[loopylou]

Thought so.

On the second point though, i'm pretty sure they'd actually claim back the monetary value of the holidays... e.g. £80 per day hence the full £300.

Bit cheeky and underhanded if you ask me. I'm sure they'd prefer the money rather than having 5 days off straight after christmas..£300 is a lot of cash when your out of work.

I wouldn't have thought they could claim the money back if you are being made redundant.

Is there a union where your relative work's? Perhaps it could be raised with them?

 

[jam pie]

Not really sure, I guess so as it's a large factory. If they're anything like the union members at our place then I guess raising it with them is tantamount to speaking to a lemon. (i.e they shout and moan a lot but have no substance)

 

[Overlag]

apparently, according to tesco, the law has changed and i have to book my bankholidays off as holidays. However if i book every Bankholiday off It means i have to work Xmas day and Boxing day because i wont have no bankholidays left.....

 

[Pudney]

apparently, according to tesco, the law has changed and i have to book my bankholidays off as holidays. However if i book every Bankholiday off It means i have to work Xmas day and Boxing day because i wont have no bankholidays left.....

http://www.direct.gov.uk/en/Employment/Employees/Timeoffandholidays/DG_10029788

Apparently they can indeed! Although I already knew that, I wasn't sure if you work a bank holiday whether you're entitled to additional time off. But you're not.