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Anybody know what the laws are re: work not letting me take my holiday. I agreed to carry a day over from this year's entitlement for January 2nd. Now they're telling me I have to work the 2nd, I'm obviously furious. So I said okay I'll take that day this year then (which would be tonight's night shift as it's my last one) and they're refusing that as well. So they've cancelled my 2nd January holiday and forcing me to carry a day over that I'm entitled to take this year. Can they do this or what?

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When you're the king you can do anything.

 

If they previously agreed and its in the books as you not working then they're being cunts. If the possibility of you taking the day off has just come up now and they are not playing ball, then work out how to be more like Pardew in the future.

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If they agreed to give you it and then reneged on that, could you not just claim that you have a pre-booked excursion on that date and request that the pay any and all cancellation charges? It may be too late now if you said that you could switch to an earlier date though. (Also you would need to provide receipts I guess, but the threat itself might make them back off).

 

At my work, I make regular decisions on who can and cannot take holiday at which time, but the only reasons I'd decline one would be if I was left with too short notice to organise for cover (i.e. less than one week) or if the standard cover person for that role was already taking the same time period off work.

 

If I agreed that someone could take a holiday, that's binding as far as the company is concerned. If I really needed them to work it, I'd have to rely on positive work relationships for them to make other plans, or bringing in temps if absolutely desperate. Christmas does tend to cause problems in this respect though, as people are keen to burn through any remaining entitlement that they have.

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They told loads of different departments that they were off till the fifth, and because performance/productivity has been shit in our departments over the last week or so they've now decided they need our department to work the 2nd. I wouldn't be as fucked off about it if I wasn't already doing them a favour by carrying a day over from this year for it.

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They told loads of different departments that they were off till the fifth, and because performance/productivity has been shit in our departments over the last week or so they've now decided they need our department to work the 2nd. I wouldn't be as fucked off about it if I wasn't already doing them a favour by carrying a day over from this year for it.

 

Right so, I don't think they can do that really unless somewhere in your contract it specifically notes that they can. It sounds like a couple of managers are using their authority to push through something to assist them in covering up a failure to meet KPIs or something like that. The downside of course is that if you don't do it, they'll likely just make your life difficult for you.

 

I still think it might be worth setting out that you'd made plans based on what they had previously communicated to you, and that it's highly disruptive to have to cancel everything now, given that it appears they want you to do this as a result of poor management of the department.

 

Failing all of this, they should be prepared to pay a higher rate for the work. Or alternatively you could insist that they pay you back the day's holiday (although that never feels worth it to me).

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Well I've just had my "annual" performance review which I had to have despite only have joined in October as it's needed for bonus/salary determination.

 

I'd realised that even before leaving my previous job that I'd been stuck in a rut being happy to perform just well enough to get by so I'd approached the first few months of the new job from the POV of gradually clawing my way back up to somewhere decent without going too fast which is what I'd thought I'd done. Turns out I've impressed the fuck out of my new boss and he offered me a step up to being a team leader with the chance to grow my own team. I have till the new year to think about it.

 

Fuck knows where I'd be if I actually worked hard and gave a fuck about these things.

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Right so, I don't think they can do that really unless somewhere in your contract it specifically notes that they can. It sounds like a couple of managers are using their authority to push through something to assist them in covering up a failure to meet KPIs or something like that. The downside of course is that if you don't do it, they'll likely just make your life difficult for you.

 

I still think it might be worth setting out that you'd made plans based on what they had previously communicated to you, and that it's highly disruptive to have to cancel everything now, given that it appears they want you to do this as a result of poor management of the department.

 

Failing all of this, they should be prepared to pay a higher rate for the work. Or alternatively you could insist that they pay you back the day's holiday (although that never feels worth it to me).

 

I'll get the days holiday back but I really want to be off the 2nd! Their approach has been that the 2nd is just a normal day and that we have no legal entitlement to be off. Whether that's the actual legislation of the situation I very much doubt though, they'll basically say anything to get their own way.

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Your boss is right in that they can cancel your booked leave if they so wish seeing as they've given you reasonable notice. Your legal right is to the number of days you can take, not when you can take them. However, they are being entirely cuntish about it.

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Your boss is right in that they can cancel your booked leave if they so wish seeing as they've given you reasonable notice. Your legal right is to the number of days you can take, not when you can take them. However, they are being entirely cuntish about it.

 

I haven't even been able to take them. I've carried the day over to use for the 2nd. By rights could I not insist on not going tonight, given that it's the only day I could use that remaining day between now and the end of the year?

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Not really, unless they've authorised the leave then it could amount to gross misconduct. They will argue that you've had all year to use your leave.

 

It might be too late but your best bet might have been to tell them that you'd made plans that can't be cancelled for the 2nd.

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Aye that is your stock response when someone tries to take holiday off you. "I'm going up to Edinburgh for New Year and don't get back til late on the 2nd. Hotel and travel is booked." Discussion over.

 

I'm not sure leave can just be canceled btw. I mean what if you have made travel arrangements? Reasonable notice isn't enough for them to just sack your holiday off.

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Legally I think they have to give reasonable notice which is loosely calculated as twice the length of time you've requested off i.e. two days notice for one day off.

 

I could be entirely wrong though.

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I've just rang HR and complained. They're going to email the manager and his manager to let them know I'm not happy so I'll see what happens when I go in tonight. Probably nothing though. Absolute arseholes.

 

HR is the management in reality, you'll get fuck all from them, in fact they tend to be worse than the actual shift managers who take their direction from senior HR and above. Get your union involved as shite as you think they are. If needs be get him told about the whole episode in detail and that you're not coming in at all and wont accept anything else than your holiday. Although Gemmill is right, you shouldn't have argued with them in the first place, you should've TOLD them it had been agreed, arrangements were in place and you wouldn't be in on the 2nd. In other words, politely told them to fuck off.

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