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Thread: employment question

  
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    employment question

    as an employed member of staff can my manager force me to take unpaid leave with the excuse that he doesnt have any work for me?

    anybody help?

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    0845 7474747 Acas

    I believe they cannot tell you to take unpaid holiday, but can reject any holiday dates you request.

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    Isnt that called being laid off? this link may help, loads of other info on here too
    http://www.direct.gov.uk/en/Employme...ob/DG_10026693

    Acas have a website too:
    http://www.acas.org.uk/index.aspx?ar...2&detailid=568
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    Not unless youre a contractor i don't think. If they don't have enough work for you then theyve hired too many people or theyre not working hard enough to get the work for you to do. Tell him hes talking nonsense and if he makes you take unpaid leave you'll get it back through court.

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    What does your contract say mate? If your contract specifies a set number of hours and you are being asked to do less and take the difference off as unpaid leave then you are entitled to be paid for the number of hours as per the contract. Unless there is a specific clause in the contract that entitles them to do it.
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    Pressuming you have a contract, it should state the amount of hours you are expected to work each week.

    They cannot make you take unpaid leave, but you are entitled to 4.8 weeks holiday for the year.

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    contract states 40 hours pw ,2 days since xmas he has made us take the day off unpaid, no clause in contract to allow him to do so,its a hard one because i dont want to become enemy number 1 in the company and end up losing my job,i do enjoy the job and have worked hard to get to where i am,plus i have a mortgage now,any advice

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    Well, for starters he cant sack you for refusing to take unpaid leave when the contract he devised doesn't say you have to.

    If he does try and sack you there is potential that you could take him to court for unfair dismissal.

    The sacking process is exremely long anyway nowadays, he would have to give you one/two verbal warnings, then a written warning before he can say "You're Sacked!!" then it would have to go to a tribunal, etc etc.

    Im no professional (well i am) but for him to sack you for refusing to take unpaid leave as he's short of work or over staffed, then its his fault.

    But if you propose all the above to him, he could just turn around and say "you're redundant" then you would get a tidy payout (depending on how long you have been there) and be on your way.

    Ultimately go see a solicitor with your contract and see what they think.

  9. #9
    Danny_
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    Your payout might not be so tidy, I would speak to your union representative. And sacking isnt that hard as long as disciplinary procedure is followed. For example if I was to punch my boss for no apparent reason, I would be sacked for gross misconduct pretty quickly!

    Unfortunatley without knowing the exact circumstances of both your workplace, your job and your contract its hard to advise. However your union rep will help you!

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    as said he cannot tell you to take unpaid leave if you have a contract of employment for a specific amount of hours a week,
    however he could in theory make you redundant if there isnt enough work but you wouldnt get a "tidy payout" unless you've been there very long time, 2-3weeks pay roughly, id just have a quiet word with the boss, explain you know the law etc (in a friendly way) and then he may keep you on but make someone else take unpaid leave
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