Neither employer nor employee can break contract without consent of the other party.
Thats the whole point of having a contract.
If what you said is true, then managers could do whatever they liked with employees, and this simply is not true. The managers have no legal rights whatsoever to operate in such a way that the employee contract rules are broken.
Don't know about others in the UK but every job I have had you had to fill a form in saying date of first day holiday and date of last day holiday, Never ever had to give any other reason to why I want the time off, They can either approve it or decline it giving you a reason.
Only thing that could cause an issue is if you phoned in sick then went out on the piss etc.
Funny story though, my last job, somebody called in a whole weekend because he broke his foot playing cricket (I think, but whichever sport it was he really did play at college, that part is true). Dumbass has friends that posted pictures of him on Facebook, at freaking Six Flags. Comes in to work, and not even limping. You break your foot, and even athletes are out for a long time.
He got promoted soon after. Gotta love nepotism.
OP is in UK, since he said work for Sainsbury.
You need to check your contracts, if it stated that you cannot have those days as holidays, then you are sod out of luck. Some professions have certain days and time that they cannot have off. As an accountant I would be silly to even ask to have month end off (unless it is a special case), stacking shelf in a supermarket, during Christmas time, when it is the busiest, I would say if they found it it would be a perfectly sackable offence.
Note: do NOT, post anything on Facebook like "yay I got my time off work, gonna sleep all day!!!" and such, if they found out via Facebook you might as well start looking for new job.
---------- Post added 2012-12-24 at 11:41 PM ----------
Especially shelf stacking staff, they most likely have signed a contract that certain days they cannot have off, it is just part of occupation committment, and if it is in the contract that you cannot have Christmas off, and you got your way round by lying, it is sackable.
I'dd say it depends on where you live. It's on the border of being a legit reason to fire you, if they want to get rid of you.
In reality, they just want to know it ahead of time. As you say. you're not in some highly important position and they can deal with it without you.
As a boss i wouldn't care, but people are diffrent. If i didn't like the coworker and saw him post on facebook about him lying it might be another case.
Personally i just say i want to take time off when it is, and if they don't want to give it, i tell them i take the time of no matter what. I guess it depends on how much you care about the job, what you do <.<
Only time i had trouble with that approach was some boring job,when i had to do the boss's work too, so i knew they wouldn't fire me.
Everyone has so much to say
They talk talk talk their lives away
Neither employer, manager nor employee can break contract terms without consequence.
And if you ask me, a lowly manager, acting on behalf of the company, being able to deviate from the contract of employment is probably the most retarded thing i have ever heard of.
It basically means he can operate outside of contract conditions whenever he likes, which defeats the whole purpose of even having a contract.
Most employees working in England in supermarkets and such work hard and get paid peanuts for it.
You help make the owners and directors millionaires while you get paid a measly £6 an hour or so.
Although i dont want it to happen, but if it did and the low-paid workforce of England revolted, i would be of opinion that it was completely justified.
I regularly take extra breaks in my place of work because of what i give to them. I definatlely feel i give more than i get back. And i make sure i NEVER work an unpaid lunchbreak or overtime. Once you start doing that, you are expected to do it and will get walked all over.
Yes it is sackable, just nearly impossible to prove. Sure even running into a boss means little - because as we all know plans can change. The thing you did right here was give 2 months notice - and that pretty much covers you. Hard to prove you were lying about having plans and then - whatever - they fell through and you didn't go anywhere - but at that point you didn't want to cancel the holiday you put in for 2 month prior.
You be fine - Enjoy the vacation time, sounds like you earned it.
P.S. what the person above me said too.
For example, if a sales manager were to have no actual authority to sell products from his corporation, a buyer could nonetheless buy from the corporation through the sales manager if the sales manager agrees to sell the buyer a product. This is because the title of the sales manager would make a reasonable person believe he could sell products. In a similar vein, an employee could reasonably rely upon the position of his manager to decide whether or not he could take days off. This is because the very nature of the employee's manager's title is that he is permitted to manage the employee in his employment.
The purpose of the contract is to bind the respective parties to the contract. This means the employee cannot deviate from the contract without the employer permitting the deviation. The employer cannot deviate from the contract without the employee permitting the deviation. In this case, the corporation is bound by the contract in so far as the employee does not want the contract to be changed and visa versa. However, the whole point is that the manager can act on behalf of the corporation in those areas where he has actual, implied, or apparent authority to do so.
Last edited by jbhasban; 2012-12-25 at 01:44 PM.
That is what i already said to you.
Neither party can deviate from contract unless the other parties agree.
You said the manager can deviate from contract whenever he/she sees fit. Which i told you was wrong.
Now you are just repeating with a wall of text what i already said to you ><
Serious /facepalm, but its christmas, so i forgive you
Not really, all you have to say is it was cancelled.
"Heresy is like a garden weed, it won't stop feeding until you... BURN THE WHOLE DAMN GARDEN WITH A FLAMER, BURN IT, BURN IT TO HELL!!!!!" "Is there a wittle puppy in the garden? ITS A DAEMON! BURN IT!"
I don't think so. Time off is time off. What you do when you're not on your employer's time is none of your employer's business. Especially considering the fact you requested that time off 2 months in advance.
If they spot you in public and ask about it, just say your plans changed.
Last edited by Ciddy; 2012-12-26 at 06:51 AM.
Imagine if your boss played wow and visited these forums :P oh the horror.....
Well at least you didn't post this on facebook ey
However if you are a permanent employee which i guess you are, its very difficult for such a large company to sack you for something as small as this, they have to go through a lot of paperwork when they sack someone and if it can come back and bite them they probably won't. Relatively small companies have much less problems when it comes to sacking.
i was not crying in the shower
i just realized how i'll never get to meet darth vader and then soap got in my eye - Kylo Ren
If it came out of your holidays which you're entitled to, and if you gave them plenty of notice, it's none of their business what you do on your time off. You have holidays to book off and what you do with them is your business.
Also, a job is a job. Wether it's stacking shelves or flipping burgers, stop being so damn harsh.