Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. How long have you worked there please?
i have worked for this company for twenty years
Hi, sorry the system would not let me type in the box, I think I have it sorted now
So what exactly does the contract say about summer holidays
You mentioned you can take 2 weeks off
the holiday year begins on 1april holiday entitlement is 4 weeks 2weeks to be taken between 1april and 30 September and 2 weeks between 1october and 31 march
So it is compulsory that you take 2 weeks in the summer?
ok let me get my response ready please
Generally, the law allows an employer to decide when its employees take their holidays. The Working Time Regulations give employers the right to force employees to take holidays at specific times and also to reject requests for leave submitted by employees.
The issue here is that your contract states you must take 2 weeks in the summer and changing that could amount to a change to your contractual terms and conditions. For this year there is no problem as you are already taking 2 weeks that you had pre-booked so this is really something that would apply from next year.
So we are looking at quite a bit of notice for the changes. You still have the following options if you want to challenge this:
1. Start working on the new terms but making it clear in writing that you are working ‘under protest’. This means that you do not agree with the changes but feel forced to do so. In the meantime you should try and resolve the issue either by informal discussions or by raising a formal grievance.
2. If the changes fundamentally impact the contract, for example changes to pay, duties, place of work, etc., you may wish to consider resigning and claiming constructive dismissal. The resignation must be done without unreasonable delay so as not to give the impression that the changes had been accepted. The claim must be submitted in an employment tribunal within 3 months of resigning and is subject to you having at least 2 years' continuous service. You would then seek compensation for loss of earnings resulting from the employer's actions.
Before you try and exit chat can you please let me know if your original query has been answered or if you need me to clarify anything else in relation to it before I close this at my end?
i am happy with your answer and i still have other options