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Old 04 February 2013, 08:30 PM
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340BHP-WRX
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Default Employers annual shutdown

Just after some advice as I can't get a clear answer on this at the moment.

My employer has announced that they are going to have 2 annual shutdowns this year, 5 days in May, 5 days in August and what would have been 3 days over Christmas is now 5 days.

So that's 15 days when people who have been working here less than 3 years only get 20 days holiday !

Also, we used to be allowed to take unpaid leave if we had used up all of our holidays and wanted/needed time off but they have now stopped that aswell !

Can they do this ?
Old 04 February 2013, 08:34 PM
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i work for a well know union and you would have to check your contract but usually they can.
as long as they give you reasonable notice they can tell you when to take your holidays.

you are entitled to paid holiday and they can generally dictate when you have it to account for busy periods and shutdowns which in this case is the latter.

they are only entitled to give you time off i.e. holidays that are agreed in your contract i.e. 25 days or whatever any extra like unpaid days is usually at there discretion.

Last edited by tubbytommy; 04 February 2013 at 08:38 PM.
Old 04 February 2013, 08:37 PM
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Originally Posted by tubbytommy
i work for a well know union and you would have to check your contract but usually they can.
as long as they give you reasonable notice they can tell you when to take your holidays.

you are entitled to paid holiday and they can generally dictate when you have it to account for busy periods and shutdowns which in this case is the latter.
Thanks for the quick reply.

I got the impression that this was the case but just wanted someone knowledgeable to clarify it
Old 04 February 2013, 08:42 PM
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billythekid
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If you work a full time role then holidays are now 28 days - afaik anyway!

This excludes any bank holidays though, which some employers used to include but exclude from holiday entitlement.

As for shut downs, it should be either in your contract - or you should be given "reasonable notice" which is 2 x the length of shut down.

There also has to be a good reason for the shut down.

As for unpaid leave, if thats not in your contract then no. If it is - then it is.
Old 04 February 2013, 08:48 PM
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Originally Posted by billythekid
If you work a full time role then holidays are now 28 days - afaik anyway!

This excludes any bank holidays though, which some employers used to include but exclude from holiday entitlement.

As for shut downs, it should be either in your contract - or you should be given "reasonable notice" which is 2 x the length of shut down.

There also has to be a good reason for the shut down.

As for unpaid leave, if thats not in your contract then no. If it is - then it is.
Starting contract here gives you 20 days holiday plus bank holidays.

Reason for shutdowns is my employer wants time off from work and wants to shut the place down rather than worrying about it while he's on holiday !

Unpaid leave was never in contract but was always allowed if needed.
Old 04 February 2013, 08:50 PM
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they dont need a reason to tell you when to have your holiday, just reasonable notice.

not sure where 28 days has come from as ive never heard of it, holidays is usually dependent on hours,shift paterns etc.
Old 04 February 2013, 09:06 PM
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pslewis
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Legal Minimum is 28 Days - INCLUDING all Bank Holidays.

I would hate to be told when I can take my leave - I get 41.5 Days and can take it when I like ..... except for the 3 Days at Xmas.
Old 04 February 2013, 09:08 PM
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Originally Posted by pslewis
Legal Minimum is 28 Days - INCLUDING all Bank Holidays.

I would hate to be told when I can take my leave - I get 41.5 Days and can take it when I like ..... except for the 3 Days at Xmas.

correct 28 days which includes bank holidays.

id hate to be told to but unfortunatly companies can legally do it.
Old 04 February 2013, 09:08 PM
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Originally Posted by pslewis
Legal Minimum is 28 Days - INCLUDING all Bank Holidays.

I would hate to be told when I can take my leave - I get 41.5 Days and can take it when I like ..... except for the 3 Days at Xmas.
I don't like it either, been working there for 17 years and this is the first time they have done this.

Lots have things have changed recently though
Old 04 February 2013, 09:11 PM
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Originally Posted by 340BHP-WRX
I don't like it either, been working there for 17 years and this is the first time they have done this.

Lots have things have changed recently though
way of the world at the moment mate, recession and cheap foreign labour has contributed to employers treating staff poorly.

but in your case a factory shutdown is a reasonable reason for your holiday situation.

as for the unpaid leave, ive not heard many companies that do this anyway.
Old 04 February 2013, 09:15 PM
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Originally Posted by tubbytommy
way of the world at the moment mate, recession and cheap foreign labour has contributed to employers treating staff poorly.

but in your case a factory shutdown is a reasonable reason for your holiday situation.

as for the unpaid leave, ive not heard many companies that do this anyway.
Yeh I know what you mean mate.

As much as I'm not happy with the situation I'm just going to get on with it. I just wanted to know whether it was legal or not which it clearly is.
Old 04 February 2013, 09:18 PM
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billythekid
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Originally Posted by tubbytommy
they dont need a reason
An employer must have a "legitimate aim" for the forced shut down.
In other words a reason.
Old 04 February 2013, 09:21 PM
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Originally Posted by billythekid
An employer must have a "legitimate aim" for the forced shut down.
In other words a reason.
yes but a shutdown is one, also needeing people there for busy periods is another therefore they can say a busy period is march and make everyone be there then etc.
Old 04 February 2013, 11:43 PM
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Originally Posted by pslewis
Legal Minimum is 28 Days - INCLUDING all Bank Holidays.

I would hate to be told when I can take my leave - I get 41.5 Days and can take it when I like ..... except for the 3 Days at Xmas.
41 days here at Tata Steel too. Legal min. is 28 days inclusive of Bank Holidays.
Old 05 February 2013, 08:21 AM
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billythekid
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I get around 10 days - if I am lucky. But then I am not an employee.
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