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Employees paid holidays

Is it legal to dictate when an employee takes their 21 days paid holidays, ie. in the middle of winter. If so, would this have to be included in their employment contract or just verbally implied?

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  • Yes you can stipulate, but it has to be in the contract. If you need them to take leave on short notice you must give them notice equivalent to the period of leave to be taken.

     

    i.e. Your contract can say that leave will be taken between October and March.

     

     

    Note: This does not equate to legal advice!

  • One of my garden centre customers has in his contract of employment that employees can take no holidays between the end of February and October, also all bank holidays are to be worked.
  • Thanks for the replies, i will have to work this into his contract.
  • It strikes me as pretty unreasonable too.

    edward maul said:
    Must be desperate for a job to sign something like that.
  • It could be considered unreasonable depending on how you look at it. Gardening is usually a seasonal job with the bulk of the workload taking place in the summer months so therefore you need all hands on deck during this busy period. The employee also has the privilege of being able to leave the job anytime they feel like it and get a job somewhere else instead. 

    Our staff get one week of their choice off between April and November, then a further three weeks off between December and March. I don't think this is unreasonable as it makes sure i'm still here to provide them with a job in the first place.

    If Chris,s business needs its staff for the full summer season without a break then thats what it needs. If the pay and working conditions are good enough then i cant see a problem. If they don't like it they could always discuss it with him, maybe take a pay cut/ fewer responsibilities so they get their holidays whenever they like.

    Fenlandphil said:

    It strikes me as pretty unreasonable too.

    edward maul said:
    Must be desperate for a job to sign something like that.
  • PRO

    Suggest the ACAS booklet on Holiday & Holiday Pay is a good legal starting place for what you can and can't do.

     

    That way your decision and company policy are based upon fact.

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