Carrying over annual leave?

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  • sangie595
    sangie595 Posts: 6,092 Forumite
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    ilikewatch wrote: »
    This can't be right - I'm a Civil Servant, our policies allow us to carry over up to 10 days as standard , we can carry over more with the agreement of our manager.
    There is a difference between the law and am employers policy. The statement is correct.
  • sangie595
    sangie595 Posts: 6,092 Forumite
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    n1guy wrote: »
    I wasn’t there the last time it happened. I started in feb, this happened the Xmas before. I am simply preparing myself and getting my facts right before it does and it looks like it is on course to happen this year. I’m not as big of a walk over as my colleagues haven taken a previous employer to tribunal over a redundancy. If this is pulled out of the bag the day before holidays I will simply point out the facts and take my leave anyway.
    Ah. That wasn't clear from your previous posts. Start looking for that other job now. You'll need it. With eight months employment, you won't be returning to the job after you walk out.
  • NewShadow
    NewShadow Posts: 6,858 Forumite
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    paddedjohn wrote: »
    You are legally only allowed to carry over a max of 8 days holiday and only with the agreement of both parties. (Assumes min of 28days leave)
    ilikewatch wrote: »
    This can't be right - I'm a Civil Servant, our policies allow us to carry over up to 10 days as standard , we can carry over more with the agreement of our manager.

    To clarify - you must take at least 20 days leave in a year.

    As a civil servant I get 31 days - I MUST take at least 20 therefore I can carry over 11.

    I am wondering about the OP though - if everyone had to carry over leave last year - assuming a week for christmas - and will have to carry over the same days this year, doesn't that mean everyone got to take their full leave entitlement this year? It seems to me they'd just be carrying over the same days...
    That sounds like a classic case of premature extrapolation.

    House Bought July 2020 - 19 years 0 months remaining on term
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  • scd3scd4
    scd3scd4 Posts: 1,180 Forumite
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    I am not aware an employer can force anyone to take leave over to the next year.
  • Undervalued
    Undervalued Posts: 8,853 Forumite
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    scd3scd4 wrote: »
    I am not aware an employer can force anyone to take leave over to the next year.

    The OP says that ACAS have told him that too. However we all know the variable quality of information that comes from the ACAS helpline!

    In any case it is something of a moot point. The OP only has eight months service so can be dismissed for no reason at all. Yes, I know that asserting a statutory right is a protected characteristic (if indeed it is actually a statutory right) but in the real world he is unlikely to gain much favour with his employer if he makes an issue of this point.

    As I have also pointed out, another approach the employer may take is to insist he takes the eight days, perhaps as single midweek days between now and Christmas. That they are totally entitled to do.
  • scd3scd4
    scd3scd4 Posts: 1,180 Forumite
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    edited 14 October 2017 at 1:22PM
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    The OP says that ACAS have told him that too. However we all know the variable quality of information that comes from the ACAS helpline!

    In any case it is something of a moot point. The OP only has eight months service so can be dismissed for no reason at all. Yes, I know that asserting a statutory right is a protected characteristic (if indeed it is actually a statutory right) but in the real world he is unlikely to gain much favour with his employer if he makes an issue of this point.

    As I have also pointed out, another approach the employer may take is to insist he takes the eight days, perhaps as single midweek days between now and Christmas. That they are totally entitled to do.

    No, its relevant. Its up to the individual to decide what's moot and what's, protected characteristic after they have all the information. Not some stranger on a forum.. Holiday is there for a reason. In fact its very important to both health and family life.

    Its for the OP to decide if its worth losing this job. Not me or you. They have asked a question.

    The OP will be posting next that the boss is saying I have too much holiday to use in the next financial year.

    I dont know if you ever run a company, small or large. But you sound like. a small time boss. Not everyone will allow themselves to be treated how a boss wants just to keep a job.

    As I have also pointed out, another approach the employer may take is to insist he takes the eight days, perhaps as single midweek days between now and Christmas. That they are totally entitled to do.

    Then let the boss do that. Once they have given due notice. The OP has not said that is an issue has he/she??
    Being told when to take holiday is not the same as being told not until next year!
  • scd3scd4
    scd3scd4 Posts: 1,180 Forumite
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    The more I read the lucker I feel.

    My wife earns nearly 30 days a year in flexi leave.
  • n1guy
    n1guy Posts: 685 Forumite
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    Sorry I wasn't clear, this will actually be my 3rd Christmas at this firm I've not just started this year, so I can't be sacked without a good reason. This past 2 years have been fairly quiet and leave wasn't an issue. This year has been mad though so we can sense its coming.

    Someone suggested taking 1 day off per week, he won't do this as these holidays are reserved for Christmas, he won't know what the workloads like until nearer the time.
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