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My boyfriend has asked for a weeks paid holiday the third week in August as we are going away. His work has told him he can only go if all other members of staff are prepared to work 6 days whilst he's away and when he comes back from holiday he must work 14-19 days with no days off. He is a chef buy the way. I no rules are different in the catering Industry but surely this is against the law.

2006-06-25 11:20:05 · 16 answers · asked by Ste444 4 in Business & Finance Careers & Employment

16 answers

I can't tell if you are in the UK, scotland, NZ, Australia or Canada because of your use of British English. But the answer would probably be the same. You, or your boyfriend can call the nearest government office and ask the same question.

Also, how have other staff member's holidays been handled? Are they required to do the same? Surely the law in your country would require that the policy for one would be the same for others. Does he have the time coming to him; has he accrued enough vacation time? Sometimes sthe policy requires you to work a certain number of months before you can go on a vacation. Also, if it is the busy time of the year for the place he works, the establishment may have a policy that says something like that. THere should be a written policy, and your bf should ask to see it. THen, he should check with the department of labor or his union. But, he may not want to make a fuss at his job unless he is really good and they would be wont to lose him. Employers tend to remember when an employee turns them in.

2006-06-25 11:30:23 · answer #1 · answered by Stephiony 3 · 1 2

Unfortunately this is probably the case. The employer in this class or employee has a lot of lea way. Your boyfriend does have a pair of feet though and unless chefs in your area are easy to come by another job might be easy to come by. Next time try for a service contract that stipulates term for holidays, etc.

2006-06-25 11:26:35 · answer #2 · answered by Kenneth H 5 · 0 0

I'm pretty sure that they can't do this. Get in touch with ACAS and also C.A.B. An idea right now would also be to suggest to your boyfriend that because he is feeling so sick, and distressed with worry, that he see a doctor AS SOON AS POSSIBLE! This will help him because then he will be able to "take time off" with no comeback, and this will also help him should there be any further work related hassles, which I suspect there might be. Good luck to you both, and have a great holiday.

2006-06-25 11:28:33 · answer #3 · answered by Rich 5 · 0 0

When there is an issue at work, the first place to go is your company employment manual, or a personnel policies manual. They must give you access to it and they usually spell out things like vacation requirements and when and how you can take them.

From your word usage, it sounds like you're in Great Britain. I don't know what they do there, but in most American states, it's employment at will. They can hire or fire you when they want. Vacation is not required and they can ask anything of you as long as it's not forced or inherently dangerous and is in your job description. Check your state laws.

It sounds like they are trying to force him to choose between vacation and turning his fellow employees against him.

2006-06-25 11:28:49 · answer #4 · answered by C R 3 · 0 0

Everyone is entitled to holiday a year but the amount and whether it is paid or not really depends on the contract he signed.
Your best bet is to go to the citizens advice bureau and take along a copy of your contract, they have the knowledge to be able to tell you not only if your boss can do that but where you can go for help

2006-06-25 11:24:39 · answer #5 · answered by madamspud169 5 · 0 0

The problem here is that contrary to the above postings the Employer has final say on WHEN you take your Holidays. You might find what they are asking unreasonable, but they don't have to say yes to when he wants to go so if it's time critical then you have little choice.

He could agree to it and then refuse when he gets back. They can't sack him for refusing to break the law.

2006-06-25 22:16:17 · answer #6 · answered by 'Dr Greene' 7 · 0 0

Wow...and everything they are saying is not written in his contract...or it was never discussed? He better start looking for a different place to work for as a chef...You learn from experience. I wouldn't stay with people who make me feel like I'm committing a crime by taking a paid vacation.

2006-06-25 11:29:27 · answer #7 · answered by justmemimi 6 · 0 0

You can only be made to work 14 days in a row and then you are allowed a day off. Contact your local employment office to see what your options are legally if you are being forced to work more.

2006-06-25 13:48:13 · answer #8 · answered by donnabbb43 2 · 0 0

staffing is the managements problem, unless it's in his contract he is entitled to take his annual leave whenever he chooses, although lots of catering do have clauses to prevent staff from taking annual leave during peak times of the year eg summer holidays and christmas.

2006-06-25 11:29:05 · answer #9 · answered by Kirsty 3 · 0 0

This time, I doubt he will get away with it, relatively because of the fact there are people in custody now too, who might rat out on OJ. Who is familiar with however, possibly he gets out, yet I relatively doubt it.

2016-10-31 11:34:16 · answer #10 · answered by awad 4 · 0 0

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