Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. What is the purpose of reporting to work on Sat - do they want you to work as normal? Also does your contract say anything about this, for example the ability to cancel holidays already granted?
Thanks for the prompt reply.
I have worked for a bar and nightclub company as a door steward for 10 years. The only reason they state that all stewards must work is "Due to instruction from the Police". They give no details apart from those only exempt are those abroad. I am not abroad. This email has arisen whilst I am on holiday.
As for my contract. I have not seen that in 10 years since I've been with the company a long time. I work in a rota system and not salaried.
So you are expected to come in and work, rather then for a meeting for example?
Yes. expected to do a shift as normal. I only have one week's holiday, been on it 4 days and now this email has arisen.
The law does allow employers to decide either when an employee takes their holiday (i.e. to force them to take specific days off), or to deny their holiday requests. However, there is nothing that specifically deals with the situation of cancelling or amending one’s holiday once it has been formally granted, which means that there is no general legal right to do this. The only time it would be acceptable is if there was a contractual right to do so, under which the employer would be acting lawfully. But in the absence of a contractual clause to allow this, once a holiday has been granted, it cannot really be taken away or cancelled by the employer. So this is the argument you may raise with the employer.
Unfortunately it would not stop them from taking formal action if they believe you had acted unreasonably or been guilty of failing to follow their instructions. For example, they could still try and discipline you and it would be a case of defending that. I this results in dismissal then an unfair dismissal claim is certainly a possibility for you to challenge this and take it further.
Brilliant. Not exactly the concrete answer I was hoping for. However, you have certainly armed me for the inevitable conversation with my superior. Thanks you.
You are most welcome, all the best