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Employment Law - Forced holiday?
Hiya
During the winter we get 2 weeks holiday, but due to the bad snow / weather, my boss called 3 days before we were due to go back to work and told us to take another week off work. He paid us for this extra week holiday.
Now it is time for our trade fort night holidays and he is saying we are only entitled to 1 week as we had an extra week in January.
To me, this is unfair, we didn't ask for the holiday and we didnt ask to be paid for it. There is only 3 of us at work, and no-one was out, that was my bosses decision, can he make us abide by his rule on this? We only allowed 1 week?
Contract says - 2 weeks Xmas, 1 Week Easter, 2 Weeks Summer and 3 Days September.. No mention of bad weather etc etc
We are a roofing company, if that helps any?
This really isn't an employment issue. This would be a contractual issue. You would have a very hard time fighting this and in the end, I can guarantee it would be more pain than what it is worth. Since he is offering you the same amount of paid time, I don't see a judge ruling in your favor despite what the contract says. You are still receiving the same paid time off. You didn't mention whether or not you disputed the bad weather paid vacation. If you have a documented dispute with your employer that states you disagreed with the extra paid week off, then you might have something. The fact that you accepted that extra week off will be construed as you agreeing to the new terms whether or not you verbally accepted it. Your act of not disputing the extra paid week off at the time will constitute acceptance of your summer week early. A contract isn't needed for that. Your boss would just need to prove that you willingly accepted the paid week with no dispute. Your lack of getting "the facts" and asking your boss how that week was going to be paid is your fault. Not your boss'. Consider it a change order, or amendment to your employment contract.
If you refuse to accept his interpretation, you can sue him, but what do you hope to gain? You technically are NOT losing anything. You are still receiving the same amount of paid days off. There is nothing to gain here. Take your one week and consider it a lesson for next winter.
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