Employment Law and compulsory holiday advice - HotUKDeals
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Employment Law and compulsory holiday advice

amanda f Avatar
7y, 1m agoPosted 7 years, 1 month ago
If anyone has any knowledge on this subject, I would be grateful if you could advise.

My friend gets 25 days holiday per annum, 3 of these days HAVE to be taken in the week between Christmas and New Year when the place shuts down.

However, he has to be on call for at least 1 of these days for a full 24 hour hours, the call out could mean a drive of anywhere up to 2/3 hours each way. This is a right pain as it isn't really a holiday then as the family can't really go out for the day, just in case he gets a call. He can't drink in case he gets a call and has to drive. So really, in my eyes that is not really a holiday, especially as he only gets £30 gross for being on call for that day. The call could be in the early hours too, which can affect sleep, being on tenderhooks just waiting for the phone to ring.

So, do the company have the right to enforce this, do they have to give a day back in lieu for losing a days holiday etc etc? Any help/advice appreciated.
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amanda f Avatar
7y, 1m agoPosted 7 years, 1 month ago
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#1
I can only see it being a contractual question, not law.
#2
I'd have thought if he is actually called out he would be entitled to claim the holiday back?
#3
As he is on call he is actually classed as working.

Have a look at the McCartney V Oversley House Case.
#4
pghstochaj
I can only see it being a contractual question, not law.


I'd agree. If his contract specifies that then he's stuck with it. The only alternative is probably to look for a new job but that's not necessarily a good idea at present.
#5
He must have agreed to it at one point.... .. and the 3 days he HAS to take.... I know how that feels.

Our building shuts for 3 days and we all have to take 3 Annual Leave days out. =/ sucks I know.

will people really phone him on that day? I know its a silly questions but most people are normally off on hols then too...
#6
[mod]#7
It seems like he is benefitting from the statutory holiday allowance but he has to potentially work on one of these days. If he was getting less than the statutory holiday minimum then his contract of employment wouldnt be lawful. As it is, his employer CAN ask him/make him work on the day in question.
[mod]#8
jtx
I'd have thought if he is actually called out he would be entitled to claim the holiday back?


Most employers call this "time in lieu".

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