Restricting dates for holidays
Q. Here’s the situation, my employer has said that because I am more multi skilled than some of co workers. I can only book holidays off with people who are multi skilled as me? I’m sure that’s not my fault that I am over qualified as I was chosen by them to be up skilled to a more multi skill role.
But before this I was not told that I would only be able to book holidays or swap days off with people on the same skill level as me ? Can they do this? Essential they are penalising me and only letting me book days off when certain people are in so there is not a drop in multi skilled people. That is not my problem that they don’t have enough multi skilled people surely right? Would love your input please.
A. It does sound unjust that you can only book holidays when it is convenient for your employer, however the legal position is that providing your employer allows you to take your statutory minimum holiday entitlement through the current holiday year, you literally have no say when that is. So, in effect, your employer can dictate when you can and can’t take annual leave.
Post termination restrictions
Q. I saw your TikTok's and was hoping you could shed some light on a fairly sensitive issue I am currently facing. I am currently looking for a new role but my employment contract is worded in such a way that I am not sure exactly whether I am legally allowed to apply for another position.. please see an extract of my contract attached.
A. You have a standard post termination restriction clause which prevents you from working in the same industry for a competitor for 6 months. Many of these are unenforceable because they are either too wide in their scope or too restrictive in their application. I can't see a geographical area it relates to, so I presume your employer is saying you can't work anywhere where there is a business in direct competition with theirs. That would appear too restrictive. The purpose of these clauses is to protect legitimate business interests, which is fine, but they must not be so wide as to have a disproportionate effect on you being able to make a living in your chosen field. It's a balancing act and if it falls squarely on the side of the employer it will be unenforceable. You should take further advice as to your specific situation.
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