Can an employer force me to work over the christmas holidays?

KonaDawg · 15 Dec 2010 at 14:03

Thanks for looking in! I was wondering if I my employer can force me to work days over the christmas holidays that I previously requested as holidays? To be clearer, I've already been granted the holidays and its all marked up in the .xls but..... there's a good chance they might want me in during those days. I'm usually very flexible with work but I've got a mountain bike holiday planned for the 27th on and its going to be a real pain having to cancel/re-arrange everything. Do they have me over that old barrel?
They are probably going to make most of my department redundant in the new year anyway

Appreciate your thoughts!

Steve2000 · 15 Dec 2010 at 14:05

Just say no. Your holidays are booked. Don't let them push you into a corner.

Pestilence · 15 Dec 2010 at 14:06

If the holidays are booked and confirmed, with the biking holiday alongside, it would be unreasonable of them to request you attend work at such short notice.

Worst that can happen is that you go off for your hol, they call you and say you have to come in, you tell them there's no chance as you're off biking, you return and they discipline/fire you, you appeal this and win.

MrMoonX · 15 Dec 2010 at 14:06

if you have something booked and they have granted you leave, if they take away that leave you could hold them liable for any costs involved, this worked with my employer, a massive public sector employer, when they thought they could take away leave already granted!

Glaucus · 15 Dec 2010 at 14:06

Look in your contract under the holliday section, should all be in there.

Vonhelmet · 15 Dec 2010 at 14:07

Pestilence said:
Worst that can happen is that you go off for your hol, they call you and say you have to come in, you tell them there's no chance as you're off biking, you return and they discipline/fire you, you appeal this and win.

I'm not sure the "appeal this and win" part would be quite as straightforward as that...

True_Scotsman · 15 Dec 2010 at 14:07

Say holidays are already booked and there is nothing you can do.

Also might depends on what your role is, but since they have already been granted then I dont see how they can force you to do it.

alx · 15 Dec 2010 at 14:08

I guess it depends on your contract and exactly how your holiday entitlement works (feel free to correct me if I'm wrong, I'm hardly an expert!)

I'd play the "I've got a holiday booked" card and see what they say. I'm guessing they'd have to conpensate you for any holiday expense losses if they've previously said you could have the time off?

Sorry, I've prob asked more q's than the OP!!

apatia77 · 15 Dec 2010 at 14:10

The sooner you speak to your management the better, don't wait for them to come to you to ask you to work over xmas, go and explain that you got this and that planned and that you spent good money to organise it.

Pestilence · 15 Dec 2010 at 14:13

vonhelmet said:
I'm not sure the "appeal this and win" part would be quite as straightforward as that...

Well, my account was truncated for the sake of brevity but that's essentially the outcome.

Cosimo · 15 Dec 2010 at 14:14

I would expect them to honour your booked leave. Check your contract. Have a word with your manager and say it’s been booked and can’t be cancelled.

Wryel · 15 Dec 2010 at 14:23

Yep, check your contract and be really firm about saying you can't cancel it. They will probably ask everyone and then try and break the person that showed an ounce of possible flexibility.

KonaDawg · 15 Dec 2010 at 14:23

Thank you all for your responses! Good to hear a broad variety of opinions on touchy subjects like this. I have approached my mananger but he is very manipulative and goes on about flexibility being a two way thing. I know this, I'm constantly bending to his wind as it were (apologies for that image!). Well I'll see how it goes. My role is 2nd/3rd line IS across Europe BTW

Pestilence · 15 Dec 2010 at 14:38

KonaDawg said:
Thank you all for your responses! Good to hear a broad variety of opinions on touchy subjects like this. I have approached my mananger but he is very manipulative and goes on about flexibility being a two way thing. I know this, I'm constantly bending to his wind as it were (apologies for that image!). Well I'll see how it goes. My role is 2nd/3rd line IS across Europe BTW

"Flexibility" is the key buzz-word for employers who want to take the mick. Flexibility is indeed a two-way street, but you'll find those that bleat on about it are about as flexibile as an iron rebar while expecting you to "do the pretzel" at their every whim.

Don't even bother discussing it with anyone. Your holidays are booked, and you'll have them.

Biohazard · 15 Dec 2010 at 14:41

Tell him they were agreed and booked.

If he wanted flexability, he should have requested it before he agreed to it.

Your manager sounds like a typical moron.

Don't give in, if he keeps it up lodge a grievence.

Participant · 15 Dec 2010 at 14:53

KonaDawg said:
I have approached my mananger but he is very manipulative and goes on about flexibility being a two way thing.

That really grinds my gears. Tell him you bet he wishes you were as flexible as his wife is in bed. Then he'll leave you alone.

Tomsk · 15 Dec 2010 at 14:53

AcidHell2 said:
Look in your contract under the holliday section, should all be in there.

The legal minimum is that the employer has to give the employee at least 1 days notice for each day of holiday.

KonaDawg · 15 Dec 2010 at 14:57

Robbie G said:
That really grinds my gears. Tell him you bet he wishes you were as flexible as his wife is in bed. Then he'll leave you alone.

Lol, nice but I'd like to keep my job for as long as possible

. To be fair, our management can be very flexible but pressure is being applied from higher ground. Sucks being an employee sometimes. Thanks again for all the opinions.

Deleted member 66701 · 15 Dec 2010 at 15:04

It depends on the policy they have at your workplace - do you have a copy of your employee handbook or have you seen a policy detailing the process to book annual leave? They may have a clause whereby they can cancel leave due to exceptional business circumstances - it really would have to be exceptional though. Generally though, no, they can't just cancel leave that has already been approved. The first step to challenge it would be to raise a grievance over the issue - check http://www.acas.org.uk/index.aspx?articleid=2179 Your company should also have it's own grievance procedure that should align to the ACAS code of practice.

It's also worth noting that even if their policy entitles them to cancel leave in exceptional circumstances, they would be obliged to pay any upfront expenses you have incurred - i.e. deposits, flights, holiday insurance etc. This isn't detailed in statutory employments rights BUT there is extensive case law over the issue and complies to the "natural justice" concept which most emplyment law is based upon.

Hope that helps a bit.

Is there a union presence at your workplace? People usually say they aren't interested in joining a union - until the employer tries on something like this!

xxalxx · 15 Dec 2010 at 15:23

Ring up HR (or your equivalent) and ask them what your companies holiday/leave cancellation policy is. Then speak to your manager.

Can an employer force me to work over the christmas holidays?

Deleted member 66701

Deleted member 66701