Can staff be forced to take leave?

The office manager at our Head Office has put out a notice to say that on the day of the staff Christmas function the office will be closed, so any staff that are not going to the function must submit a leave pass for the day as they will not be able to come into the workplace.

Attendance at the staff function is not mandatory, and some staff have asked about working as they do not wish to take leave from their annual entitlement. Personally, I'm in support of them. Surely, if the organisation says staff cannot come into work on a workday, then the affected staff should not have to lose a day of leave?

It would be good to have some collective thoughts on this before I go into battle, or choose not to if this is acceptable.. 

Steve

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Replies

  • Hi Steve,

    I can appreciate that people are unhappy about this, but I believe that a company is actually entitled to control any taking of holiday, unless it says otherwise in terms and conditions of employment. For example, a number of manufacturing companies have "shut downs" which direct all the leave employees are entitled to and exactly when they can take it.

    Most people now have very few "shut down" days, and are used to being able to select when to apply for leave.  I would say this is only one day, people aren't actually losing leave, just being directed when they have to take this one day, and I think yes it would come from their annual leave.  It also avoids the issue of trying to open and being drastically understaffed or running the risk of people coming to work who perhaps shouldn't be there.  It's safer for all involved, at an inconvenience to some, but only an inconvenience nothing more.

    Now I'm ducking my head, waiting for the flack! I know most comments disagree with mine but I think the company are not being unreasonable on this one.  Just my opinion!

    Best wishes with it, whatever you do.

    Beverley

    • An interesting viewpoint Beverley, and I sort of hear what you are saying.. 

      The difference here is that the staff that don't wish to attend the function would in effect be losing that 1 day of leave, as they are expected to take it whilst those attending the function are deemed to be 'at work' so no requirement for leave to be taken by them..

      It's a done deal now anyway, as I have had my suggestion approved by the Director - so that staff wishing to work on the day instead of going to the function may now do so.

      Just got to keep any eye open for any staff that decide not to go to the function or go to work - and make sure that those individuals do take it as a leave day!

      Thanks all for some really great input on this. It's much appreciated.

      Regards

       

      Steve

  • Thanks Rachel, and Michelle,

    There is no such clause in our terms and conditions whereby the organisation has notified staff that they may be directed to take leave in such circumstances. I am sure in my own mind that if we state that the office is closed for the day then we cannot expect staff to take a day of leave. The better option will be to have it open - staff can then choose to either go to the function, go to work, or take leave.

    See you tomorrow Rachel,

    Steve

     

     

  • This seems very odd!! Is your function in the day or evening?

    At my last company they had a summer bbq on a Friday afternoon for all staff, but those that didn't want to attend had to use holiday (why on earth they wanted to use holiday and not attend an afternoon eating a hog roast and playing games I have no idea, but some decided not to). The company had a clause that said they could request when staff took up to 5 days of their holidays which most of the time was just relevant to Christmas Shutdown but it did mean in that particular year they got away with it!

    I think if the company is closed for the day they should give those not attending the day off but arguing that will be tough as I would have my hands full with our Directors...... so good luck with that!

    See you tomorrow

    Rachel

  • Hi Steve

    I am in agreement with you.  Are the people attending the non mandatory christmas function also having to take a days leave to attend the function?  That would be my first question!  If not then there will be an argument to be had over fairness!

     

    • Thanks Emma. That's a very valid point that I hadn't considered. Adds weight to my point.

      Regards

      Steve

      • Agree with Emma re fairness, how can you force people to take a day off to compensate for a non-mandatory Christmas function. You're penalising those who don't want to come to the Christmas function.

        Why can't the Head Office stay open?

        • I think it may well stay open this year Mike! I will be 'discussing' the matter with the office manager tomorrow.. ;-)
          • Hi.  Is there nothing in the company absence policy.  I would have thought that they can only bring this rule in if it is covered in the appropriate policy; e.g. a company that I used to work for said in it's absence policy that staff who did not cover duties or were not sheduled to be on-call should reserve three days to cover the Christmas shut-down period.  Therefore, everyone knew where they stood at the start.

            Regards, Michelle

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