Taking holiday over Xmas

[ful56_uk]

Hi

 

Just look at our school term dates this year and noticed the Xmas is late breaking up and we go back on the 7th jan.

 

If the school decides to shut, can they force me to use my holiday over Xmas time?

[twin--turbo]

Not sure,

 

We tend to get given "Efficiency" days.

 

Basicaly, if we said we wanted to work then they would have to get the facilities company in to open up and we would be there doing very little. So they see it as a cost saving.

 

Rob

[elsiegee40]

In a word... Yes they can make you take holiday when the premises are completely closed.

 

There are 3 public holidays in that period and, chances are, the school will reopen to staff quite soon after New Year's Day

Edited September 30, 2012 by elsiegee40

[witch]

It may be in your contract that they can tell you when to take holiday - it usually stipulates around 5 days.

[plexer]

Your employer can stipulate when you will take all of your holiday if they so wished:

 

Taking your holiday : Directgov - Employment

 

Ben

[Guest Guest]

Your employer can stipulate when you will take all of your holiday if they so wished:

 

Taking your holiday : Directgov - Employment

 

Ben

 

This ^

[witch]

From that link though:

"This may be in your contract of employment, or it may be normal practice built up over time. An employer has to give the same amount of notice as you do."

 

So, as I said, it needs to be in your contract as it obviously isnt 'normal practice' built up over time

[ful56_uk]

Thanks guys that's answer my question

[plexer]

From that link though:

"This may be in your contract of employment, or it may be normal practice built up over time. An employer has to give the same amount of notice as you do."

 

So, as I said, it needs to be in your contract as it obviously isnt 'normal practice' built up over time

 

It could be classed as normal practice built up over time if it's applied to existing staff for the last 10 years for instance and then they would have to just give you notice of that.

 

Ben

[Guest Guest]

From that link though:

"This may be in your contract of employment, or it may be normal practice built up over time. An employer has to give the same amount of notice as you do."

 

So, as I said, it needs to be in your contract as it obviously isnt 'normal practice' built up over time

 

Nope, not how it works. It may be in your contract. It may be during the Christmas shutdown... Don't think I've seen a contract explicitly state you must take holidays during the Christmas shutdown.

Edited September 30, 2012 by Guest

[FN-GM]

You could work from home during this period....

[witch]

Nope, not how it works. It may be in your contract. It may be during the Christmas shutdown... Don't think I've seen a contract explicitly state you must take holidays during the Christmas shutdown.

 

Yes, it is how it works - a friend was being forced to take holiday because his school was shutting due to subsidence and his union argued that it wasnt in his contract or usual practice so they couldnt do it. And they didnt.

The link I posted didnt say " it may be during the Christmas shutdown"???

I have seen a contract saying that they can specify up to X days of your holiday - mrwITch's does for a start. But in his case they have always taken a few days for between Christmas and New Year so that counts as normal practice at his employment

[witch]

It could be classed as normal practice built up over time if it's applied to existing staff for the last 10 years for instance and then they would have to just give you notice of that.

 

Ben

 

Which is what I said - but from the way the OP asked, I presumed not

[Guest Guest]

The link I posted didnt say " it may be during the Christmas shutdown"???

 

Hmm, yes it does.

 

may require the whole company to take holiday during a Christmas shutdown.

[witch]

Sorry, not explaining well, what I meant was that the basic answer was that it may be in your contract (and yes, that could be the christmas shutdown) or usual practice.

I was concerned that the OP would think that it would have to specify "the Christmas shutdown" in order to be legal whereas of course it doesnt, it just has to specify the way holidays are allocated - eg the management reserve the right to allocate X days of employees holiday blah blah

[CAM]

When I worked for a supermarket they gave me two options for Christmas or Easter.

 

1) Take paid leave from holiday time.

2) Take unpaid leave.

3) Come in and scrub the tills.

 

Given option three requires a manager to also be on-site, it was so tempting to make one come in for the day just to be a pest!

[shadowx]

How can they force you to take holiday if the site is shut....

 

I would argue that they can't.

 

Surely, if you turn up at the door fully prepared for work and no-one is there to open the site then you can't be forced to take that day as holiday? It would be like forcing all shop employees to take ever sunday as holiday even though the shop is shut every sunday, thus you could advertise 52 days of holiday a year then force staff to use it every sunday and in effect they get no holiday?...

 

either that or I am misreading something here...

[hardtailstar]

to be honest if my place was shut i wouldnt think twice about complaining! but my contract is only term time so if i go in during holidays its only classed as overtime.

[sidewinder]

In both of the schools I've worked, it's always a given that the site is shut between 23rd Dec and Jan 2nd, and never a mention of anyone having to take holiday time for this. Shame that not all schools take such a relaxed approach!