How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48196
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Law Question Here...
Ben Jones is online now

i have been given a letter from work on the 15 2 2014 saying

Resolved Question:

i have been given a letter from work on the 15 2 2014 saying that between april 14 and september12 all drivers are allowed 5 days holiday due to the antisocial change everyones basic salary will increase by £500 and a bonus of £500 will be paid in September for those who take no holiday in this period October 2013 i requested 2 weeks in june 2014 which was signed and granted they will honour this holiday but i will not get a rise or bonus my contact states that between 1 april and 30 September 2 weeks holiday to be taken as does the company handbook can this be implemented at such short notice
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. How long have you worked there please?

Customer:

20 years

Customer:

i have worked for this company for twenty years

Ben Jones :

Hi, sorry the system would not let me type in the box, I think I have it sorted now

Ben Jones :

So what exactly does the contract say about summer holidays

Ben Jones :

You mentioned you can take 2 weeks off

Customer:

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

Ben Jones :

So it is compulsory that you take 2 weeks in the summer?

Customer:

yes

Ben Jones :

ok let me get my response ready please

Ben Jones :

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.

Ben Jones :

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?

Customer:

i am happy with your answer and i still have other options

Ben Jones and other Law Specialists are ready to help you