Told cant have holiday
Comments
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No not necessarily there are still rules......
Under European law, the right to take holiday is based clearly on the need to protect workers' health, safety and welfare. It is unlawful for employers to put excessive or unreasonable hurdles in the way of workers who want to take their holiday.
It has to be non discriminatory and has to give notice....
European law expects employers to make the rules as clear as possible, to have a clear justification for them, and to operate them consistently and fairly.
Many people have contracts on how their holidays work and how they are to be taken. Your boss can not just arbitrarily trump that, regardless of what he thinks he can do.
So if you think bosses can do what they want to who they want then you are wrong and thats not the law.
None of that applies in this case because the OP has simply been told they can't have some specific dates off work because there are other staff members off. Which is perfectly fair and reasonable and how it works in almost all work places across the country.
If you want to have a debate with someone and you have the viewpoint that the employer was wrong to tell the OP they couldn't have the time off then sangie595 is the person to dicuss this with as they are about as expert as you can get on this forum.As stated, they can tell you when you can and can't take holidays, so yes, it's your problem. All the employer is required to do is to permit you to take them at some point in the holiday year. So either find some dates that are suitable to them, or ask them to do so for you.0 -
None of that applies in this case because the OP has simply been told they can't have some specific dates off work because there are other staff members off. Which is perfectly fair and reasonable and how it works in almost all work places across the country.
If you want to have a debate with someone and you have the viewpoint that the employer was wrong to tell the OP they couldn't have the time off then sangie595 is the person to dicuss this with as they are about as expert as you can get on this forum.
I never said it applied to the OP. I just corrected you on one of your non factual posts to me about the law.
I prefer to use government sites or CA, but cheers.0 -
None of that applies in this case because the OP has simply been told they can't have some specific dates off work because there are other staff members off. Which is perfectly fair and reasonable and how it works in almost all work places across the country.
If you want to have a debate with someone and you have the viewpoint that the employer was wrong to tell the OP they couldn't have the time off then sangie595 is the person to dicuss this with as they are about as expert as you can get on this forum.
Exactly!
A hard and fast contractual right to a specific holiday booking procedure is really quite rare so unless the OP in this thread has one (unlikely) or can show that he is being discriminated against on one of the few legally protected grounds (even more unlikely) then the employer is doing nothing wrong.
As has been said repeatedly the OP has a right to his statutory holiday at some point during the year. However beyond that, apart from the fairly minimal notice the employer has to give to force an employee to take holiday, the OP's rights are limited to say the least.0 -
Out of interest, which legislation are you referring to?It is unlawful for employers to put excessive or unreasonable hurdles in the way of workers who want to take their holiday.
European law expects employers to make the rules as clear as possible, to have a clear justification for them, and to operate them consistently and fairly.
The Working Time Regulations 1998 state as follows:
(2) A worker’s employer may require the worker—
(a)to take leave to which the worker is entitled under regulation 13(1); or
(b)not to take such leave,
on particular days, by giving notice to the worker in accordance with paragraph (3).
(3) A notice under paragraph (1) or (2)—
(a)may relate to all or part of the leave to which a worker is entitled in a leave year;
(b)shall specify the days on which leave is or (as the case may be) is not to be taken and, where the leave on a particular day is to be in respect of only part of the day, its duration; and
(c)shall be given to the employer or, as the case may be, the worker before the relevant date.0 -
steampowered wrote: »Out of interest, which legislation are you referring to?
The Working Time Regulations 1998 state as follows:
(2) A worker’s employer may require the worker—
(a)to take leave to which the worker is entitled under regulation 13(1); or
(b)not to take such leave,
on particular days, by giving notice to the worker in accordance with paragraph (3).
(3) A notice under paragraph (1) or (2)—
(a)may relate to all or part of the leave to which a worker is entitled in a leave year;
(b)shall specify the days on which leave is or (as the case may be) is not to be taken and, where the leave on a particular day is to be in respect of only part of the day, its duration; and
(c)shall be given to the employer or, as the case may be, the worker before the relevant date.
you missed the most imprtant part of regulation 15.
(5) Any right or obligation under paragraphs (1) to (4) may be varied or excluded by a relevant agreement.
The employer can make up any rules they like.
all it needs is one term the contract "all holidays need to be approved" to throw out section 15.0 -
does that include holiday rolling over? only asking as if we don't take full holiday by March it gets lost and can't be taken (which usually leads to a rush of holidays being taken between January and march.jobbingmusician wrote: »your company is behaving illegally - you are ENTITLED to your holiday and thus must be allowed to take it. If your employer wants to cancel your holiday, they must give at least as much notice as the length of the leave. And the gov.uk site is VERY clear - 'Although employers can refuse to give leave at a certain time, they can’t refuse to let workers take the leave at all.'0 -
getmore4less wrote: »you missed the most imprtant part of regulation 15.
(5) Any right or obligation under paragraphs (1) to (4) may be varied or excluded by a relevant agreement.
The employer can make up any rules they like.
all it needs is one term the contract "all holidays need to be approved" to throw out section 15.
I must have not been clear.
The point I was making - i.e. what the legislation I quoted says - is that the employer can tell people when to take holidays. There doesn't need to be anything said in the employment contract for that to be the case.
The bit you posted is to allow for specific rules around holidays to be agreed in employment contracts but to be honest this is pretty rare (and is presumably there for the benefit of the employee - given that the base case already allows the employer to dictate when leave is taken).0 -
steampowered wrote: »I must have not been clear.
The point I was making is that the employer can tell people when to take holidays. The legislation says that. There doesn't need to be anything about it in an employment contract.
The bit you posted is to allow for specific rules around holidays to be agreed in employment contracts but to be honest this is pretty rare (and is presumably for the benefit of the employee - given that the base case allows the employer to pretty much dictate when leave is taken).
I understood what you were pointing out for the benefit of other.
but you are mistaken overriding of this section is extremely common with terms like holiday needs approvals or some other scheme/booking systems.
The employer can override the defaults and increase the benefit to themselves not the employee with contractual terms.
in particular the notice periods get removed with any form of approval system unless it specifies new ones.
By default under 15.1 if an employee asks for holiday if the employer does not exercise 15.2b to say no it is in effect approved by changing to a positive approval system that is also removed.0 -
I believe you can't 'lose' the statutory entitlement, but if your employer gives more than that then yes, you could lose that.xXMessedUpXx wrote: »does that include holiday rolling over? only asking as if we don't take full holiday by March it gets lost and can't be taken (which usually leads to a rush of holidays being taken between January and march.
Example: my employer gives 33 days including bank holidays, which is statutory entitlement plus 5. We are allowed - by agreement - to carry forward up to five, ensuring that we do take stat entitlement each year. BUT if you don't take what you've carried forward within three months of the new leave year starting, it's gone.
We do currently allow staff on maternity leave to carry the full 33 days forward (less whatever they've already taken before going on m/l) but if someone is long term sick and needs to carry leave forward, they can only carry forward the statutory minimum, not the extra five days.Signature removed for peace of mind0 -
xXMessedUpXx wrote: »does that include holiday rolling over? only asking as if we don't take full holiday by March it gets lost and can't be taken (which usually leads to a rush of holidays being taken between January and march.
Use it or lose it, you have a full 9 months before January to plan holidays.Be Alert..........Britain needs lerts.0
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