Any HR/Union types on here...

[Hammock Hamster]

Hi all,

I think this might be pushing off topic to the limit but i am after a bit of general advice from anyone who has experience with this before seeking proper legal council.

The short version is my company, who are a subsidary of a european owned company, have just introduced a new holiday policy which states all employees are required to take a block of at least 10 consecutive working days from their annual holiday entitlement (so two weeks of continuous leave).
They have cited various reasons for this new policy though mainly to "comply with employment legislation in a number of countries" and to minimise the risk of fraud.

Now i understand the supposed benefits that a "long" break is meant to provide in terms of having a proper break from work etc... but disagree that this is applicable to everybody.

In my specific circumstances i have never taken more than one week continuously off work in the last 10 years and although it would be difficult to base any complaint on it my job role means that my work is not covered when i am on leave and catching up whilst trying to do my normal job after any leave is extremely stressful.

Aside from this both swmbo and i have family around the uk whom we try to visit several times a year (usually as long weekends) and i am a member fo a sporting group and take occasional days off to attend competitions etc...
Now this alone uses up more than 15 of my 25 days of holiday allowance not including any occasional days such as going to weddings, waiting for a new sofa to be delivered etc...

What i am trying to find out is if i can do anything about this, specifically not having to comply with the poilcy.
I have already spoken breifly with ACAS who have confirmed the company is permitted to make the change in policy however i am not arguing the policy as a whole or for others just in relation to me and my personal circumstances.
The way i see it is that the new policy in unreasonable when taking into account my personal life outside of work and i do not feel my employer has a right to dictate what i do outside of work - which i feel they are doing by limiting the use of my holiday days.
Essentially i am now left in a position where i must choose between seeing family regulary throughout the year or giving up my amature sporting competitions as i could not do both whilst using up 10 consecutive days every year.

I did say it was pushing being off topic but any thoughts from those in the know would be appreciated.

Cheers, Hamster

 

[udamiano]

Unfortunately unless this constitutes a fundamental change in the terms laid down in your contract of employment, them I'm afraid there is not much you can do. I would however suggest you put it down in writing, and lodge it as a grievance with the company. they must then give you a fair hearing and mitigate a reasonable solution, if one exists.
It's sadly about how your original contract is worded, and the inclusion of additional clauses to allow for change. Normally these are discussed with any recognised TU that operates within your company, although you do have a right for an explanation of the change, as it effects the contract

Do you have a recognised TU at work, and are you a member ? If so then I strongly recommend talking to them, as they would have the actual facts and not speculation, which can only be offered here.

hope this helps

Da
Ex. TU branch officer (UCU)

 

[Manacles]

Hi Hammock Hamster, I used to be a Union Rep some fifteen years ago, so anything I say here may well be pitifully out of date. As I recall, unfortunately an employer is able to change the terms and conditions of an employee. In a company represented by a union the accepted procedure is to negotiate through the union, in a company without it is considered polite to float it with those affected before implementing any changes (a usual way is to pay a sum of money as a one-off "sweetener").

There may be grounds to argue against it based on your own personal circumstances, but I rather suspect such an approach may not be welcomed by your employer. Is it possible that your employer is bringing the policy in to take advantage of the savings a two week "shutdown" would provide and perhaps this is what is really in the offing? (but obviously not knowing your line of work this is a wholly speculative statement).

 

[mountainm]

Before making this official - I'd have a quiet word with your line manager, explaining your situation and see if some sort of unofficial agreement can be had.

 

[Chainsaw]

what mountainm said. We have a similar policy where we have to take public holidays... english public holidays! Not good when your kids and wife get the scottish ones, there are a few differences. Boss has basically said I can work them (I work with a US team that gets US public holidays) and take them when I want as it'd be better for both the business and me. I track my hols on a spreadsheet which he gets when I put in a vacation notification, everyone is happy.

This new policy came in when we were acquired back in 2010, we had a choice, sign the new T&Cs or don't sign, we have a redundy check waiting....

Cheers,

Alan

 

[Hammock Hamster]

Hi Guys,

Thanks for the replies so far.

No recognised TU, i work in commercial property and my employer is a financial institution who aquired my company to fill a property management shaped hole in their business.

The new policy is being heavily monitored with disciplinary proceedings awaiting those who do not comply - as i understand it the policy comes due to corporate a*se covering and the "parent company" being a european financial body who is forcing all subsideries to follow suit regardless of difference in employment laws in the various countires they are based in.

No company enforced shut downs, as a business this would not works for us, and as an individual extended leave actually makes my job 10 times harder and more stressful.

I actually can understand the reasons behind it however i do not understand why they believe it can apply to every person and their individual circumstances, mine are purely the way i choose to live my personal life however it seems the policy effects everyone regardless even, so i am told by HR, if you have family/childcare commitments.

I fully understand, though may not agree with, company policy changes that alter how i do my job etc... when at work but i have never heard of a policy where the company can dictate how i have to spend my time out of work.

Cheers, Hamster

 

[santaman2000]

....I fully understand, though may not agree with, company policy changes that alter how i do my job etc... when at work but i have never heard of a policy where the company can dictate how i have to spend my time out of work.

Cheers, Hamster

I understand your frustration. When I was on active duty the policy was that if you had more than 60 days of furlough accumulated in October, you lost it. Period. I often had 90 days accumulated by October due to habits similar to yours so I inevitabley had use or lose leave. Most squadrons monitored this and wouls place you on mandatory furlough to avoid it.

On the other hand, in my second career the opposite was the case; it was all but impossible to get leave approved.

However! In answer to your above statement, it seems that they are not telling you what to do outside work. Rather they are saying that you will use the agreed furlough in blocks of their choosing. Not quite the same as saying what you will do while on that leave. Kinda like the barman at closing time saying, "You don't have to go home but you cain't stay here!"

 

[resnikov]

I used to work for a Scottish bank and they made you do the same but I never did it. I just booked my holidays when I wanted them and no one questioned me about it

 

[Mesquite]

I fully understand, though may not agree with, company policy changes that alter how i do my job etc... when at work but i have never heard of a policy where the company can dictate how i have to spend my time out of work.

Unfortunately they aren't dictating to you how you have to spend your time out of work. What they're dictating is when you can have paid leave from your post in such a way that suits the company.

If it is a policy that's being enforced across the board then as others have said there's not a lot you can do about it. However Mountainm advise of speaking quietly to your line manager to see what can be done is the wisest move.

It's a sad reflection on the current climate that companies can do these things as it can be a sneaky way of getting rid of staff without redundancy and then offering your post up to some poor schmuck who'd be happy to take a lot less than you're currently on.

 

[rik_uk3]

Same before I retired from Nursing, we had six weeks a year holiday and we had to take two consecutive weeks in the summer, at the managers discretion IIRC five days of un used leave could be carried over to the next year, more than that and you lost it.

To be honest HH I doubt there is much you can do about it