CAB Can my employer tell me to use holidays?
My husband and I separated over a year ago and he moved in with his parents. I stay in our council rented property with our children who he sees regularly.
Mine is the name on the tenancy. He has fallen out with his parents and says he is going to move back in with me. I’ve told him he can’t, but he says he has the right to come back to the marital home. Is he right?
He is right in so far as the rules are that a spouse has the right to return to the matrimonial home after they have left, whether or not they are the named person on the tenancy agreement.
However, as he is not the named person on the tenancy agreement, potentially he would need to take court action to enforce his right to get back into the home.
This right only lasts for two years, and of course there are exceptions in certain case, for example where there has been domestic violence.
As you don’t want your husband to move back in, there are likely to be better options.
If it is not reasonable for your husband to keep living where he is, he should consider presenting as homeless. He should contact the council who may can discuss his housing options with him including their potential duty to him under homelessness legislation.
I have been furloughed since March, and was planning on using some of the holidays I had built up at the end of the year.
My employer expects me to return to the office next week, but has asked that I then use my holidays every Wednesday and Friday for the first five weeks we are back.
Can my employer tell me when I am to take my holidays?
He is also saying that I have lost the two holidays I didn’t take before our holiday year ended in April. This doesn’t seem fair.
An employer can dictate when a worker takes their annual leave, unless the contract of employment says something different.
The rights workers have to a minimum amount of holidays each year ( 5.6 weeks “statutory holiday”) doesn’t extend to giving workers a choice of when they can take them.
However, you should approach your employer to ask why they have made this decision as it looks as though flexible furlough might have been more appropriate here.
As for holidays carried over from before April, Government Guidance is that any statutory holiday which couldn’t reasonably have been taken before the end of the holiday year because of coronavirus can be carried over for up to two years.
It sounds like you may benefit from this rule, unless your contract gives you the right to more holidays that the statutory minimum, in which case we’d need to see your contract to advise more fully.
I have been getting a free TV licence since I turned 75 a few years ago. I know these were to have ended on July 31 but I’m not sure how to go about getting a licence now.
I’ve heard nothing from the licensing authority and am worried about being fined.
You don’t need to do anything just now and you will still be considered to have a valid licence.
TV Licensing have announced that they will start writing to people from this month to let them know what they need to do to set up their next TV licence.
Wait until they get in touch with you. If you (or your partner) are in receipt of Pension Credit then you will be eligible for a free TV licence.
Contact us if you want to find out if you qualify for Pension Credit.