Posted By D smith
hi all
Can a company due to operational needs block any periods in the year where holidays can be booked (ie whole month such as december)if employees have legally accrued their days.

thx in advance

Posted By Peter Taylor14
Why is this a safety issue??????

Posted By D smith
yes but could they say no more holidays can be taken in this month to the whole workforce?

Posted By Heather Collins
D - while you may feel that this affects peoples' H&S, the fact remains that it is an employment law expert you need to answer this from a legal point of view, not really a H&S one.

Posted By holmezy


Not specifically H+S more of a HR and contracts issue, but we had a similar issue at one of our sites and I got dragged in cuz HR didnt want to make a decision. The Working Time Directive, (which is H+S), mentions, I think, that a Company can decide when individuals take their holidays in order to protect the business. So, yes, a company can say that "no one can have any holidays in December". Similarly, they can also say that everyone must have a holiday in June, or whatever. If holidays are not taken within the allottoed time frame, then they are legally forfeited, however "nicer" Companies allow a degree of carry over, or "buy back" neither of which they are obligated to do.

Hope this helps.

Holmezy

Posted By Glyn Atkinson
The safety issue from this enquiry could also be to do with minimum manning levels from previous work risk assessments being breached, thus making a work area unsafe to continue to work normally or safely.

Yes, strictly it's an employment issue, and most firms would acknowledge that they need to stay within prescribed safe manning levels.

What would then happen if a security firm lowered their levels of cover so that normally backed up workers were suddenly put into a position of lone worker as a result of changing manning levels by enforcing holidays at set times for their convenience?

Just a scenario to ponder.

Posted By Michael
Martyn,

Even though it is just a member of the public why can't we offer advice albeit not safety advice if somebody needs assistance give it.

But why do so many just post a statement like this and nothing else.

Why is this a safety issue??????

Posted By Paul Duell
**Even though it is just a member of the public why can't we offer advice albeit not safety advice if somebody needs assistance give it.**

We can - but if it's an HR issue (which in this case it is), the enquirer will get much better advice from HR professionals than from us, the majority of whom AREN'T HR people. As someone has already said, the advice to try a different forum may well be the best advice most of us are qualified to give.

As for the enquirer's original question - I don't think it demonstrates particularly good management, and there are probably better, more employee-friendly ways of achieving the same objective. But there's no Health and Safety reason why management shouldn't do as described.

Posted By Martyn Hendrie
Michael/ Jim

Why should we not offer advice on areas that are not health and safety? This is an H&S discussion forum.

The initiator of the question believes they have a problem and are looking for an answer. That answer should come from someone competent give the correct information. (i.e. an expert in the area being asked about) In this case as has been stated by others this is an HR issue.

If people without the necessary expertise offer their opinions they are liable to be given credence by the initial questioner that they do not deserve. (Especially as they believe they have an H&S issue by using this forum in the first place)

The point about using “I'm no expert” as a caveat, the questioner is looking for expert advice not a straw poll of opinions.
As regards Jim’s comment

“if you have nothing useful to say, shut yer gob. And ignore the post.”

This is a discussion forum where views can, subject to the aug’s, be freely expressed. Suggesting people shut up will hardly encourage discussion and debate

Posted By Jim Walker
Martyn,

I thought I was actually saying we should not stifle debate by saying this forum was not the appropriate place to discuss the subject.

Posted By holmezy
Whoa,

chill chickens,,,,, toys back in the pram boys and girls.

Thought the whole point of a discussion group is to discuss and offer advice. If the subject matter offend or upsets you, then don't participate. Move on, don't get upset.....

As I said in an earlier post on this question, holidays can be enforced at any time to suit the employer, and they can be lost if not taken by end of year. It does mention this in the Work Time Directive, which is nore aimed at HR, but as far as I'm aware, enforced by the HSE. How and if they ever enforce it is debatable!

Its Friday, we should all be looking forward to a nice weekend, not getting upset about a post that has a vague link to H+S.

Now, if someone came on and asked for the ingredients of a Madiera sponge cake and whether to serve it with custard or cream, I might just pass on that thread!! But its really not worth getting upset about!!

Here endeth the second lesson of the day.

Holmezy

Posted By Mike B
holmezy just to clarify your last post and following a quick visit to the HSE website:

HSE is responsible for the enforcement of:The maximum weekly working time limit, night work limits and health assessments for night work.
HSE does not however, enforce: time off, rest break entitlements; or paid annual leave entitlements.

Mike

Posted By Mike B
Agreed. Although my hair care regime is second to none. Thanks for all the decent posts you put up though - you are one sensible dude.

Mike