Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@. Skimlinks & other affiliated links are turned on

Search
  • FIRST POST
    • n1guy
    • By n1guy 13th Oct 17, 7:09 AM
    • 269Posts
    • 55Thanks
    n1guy
    Carrying over annual leave?
    • #1
    • 13th Oct 17, 7:09 AM
    Carrying over annual leave? 13th Oct 17 at 7:09 AM
    Can someone offer some advice here. I get 28 days annual leave running from Jan - December. Am I correct in thinking if this is not used up within the year some days can be carried over if the employee wishes? Meaning that the employer can not force you to carry days over?

    Reason being my employer has become rather greedy of late taking on much more work than he can handle and we can foresee it screwing with our Christmas holiday entitlement. In the past before I started he has forced employee's to carry over holidays as he took on too much work.
Page 2
    • scd3scd4
    • By scd3scd4 13th Oct 17, 11:09 AM
    • 541 Posts
    • 430 Thanks
    scd3scd4
    My wife can carry over 10.
    • Undervalued
    • By Undervalued 13th Oct 17, 11:16 AM
    • 3,175 Posts
    • 2,893 Thanks
    Undervalued
    That's unlawful.
    Originally posted by Comms69
    Yes, but to cancel booked leave the employer only has to give the same length of notice as the length of the holiday.....

    An employer can cancel an employee's period of annual leave if it gives the required notice. Under reg.15 of the Working Time Regulations 1998 (SI 1998/1833), an employer can require an employee not to take annual leave on particular days by giving the employee notice of at least the same length as the period of leave to be cancelled. For example, if the employee has booked a period of four days' annual leave, the employer must give at least four days' notice of cancellation.
    So, I repeat, the OP needs to tread carefully here as a difficult employer could easily make things a lot worse.
    • ScorpiondeRooftrouser
    • By ScorpiondeRooftrouser 13th Oct 17, 11:34 AM
    • 2,100 Posts
    • 3,127 Thanks
    ScorpiondeRooftrouser
    These holidays are scheduled for Christmas. What happened last time was 1 day before they were due to take them he cancelled them. On December 22. No notice given
    Originally posted by n1guy
    It's a year later. Why are you still there?
    • Comms69
    • By Comms69 13th Oct 17, 11:36 AM
    • 1,212 Posts
    • 1,003 Thanks
    Comms69
    Yes, but to cancel booked leave the employer only has to give the same length of notice as the length of the holiday.....



    So, I repeat, the OP needs to tread carefully here as a difficult employer could easily make things a lot worse.
    Originally posted by Undervalued


    Oh absolutely, I mean to be honest I assumed it was more than one day being cancelled
    • sangie595
    • By sangie595 13th Oct 17, 11:55 AM
    • 4,162 Posts
    • 6,849 Thanks
    sangie595
    Collectively what did you do about the situation?

    You need to organise yourselves or change is unlikely.
    Originally posted by ohreally
    This is the critical point. Yes it is true that you have an absolute right to take 28 days holiday and the employer cannot force you to carry them over. But so what? That doesn't get you anything! There isn't a holidays superhero who swoops in and does it for you when the employer reneges. You have to do this for yourselves. So that means talking to the employer about how and when you can take the leave. And, as pointed out, that may be a double edged sword because you don't have a right to take them when you want them or when it is convenient to you. So the question is not "can the employer doin this?"... The question is "what are you going to do about it?". And unless that is something that your all decide too do and back each other up, then you won't get anywhere - the one person who sticks their head above the parapet will get it shot off!
    • TheGardener
    • By TheGardener 13th Oct 17, 12:44 PM
    • 2,171 Posts
    • 2,056 Thanks
    TheGardener
    Having read all the posts and coming to the conclusion that there don't seem many ways out here - perhaps talking to the boss about possible improvements for managing the work load better would help your boss avoid bad feeling and disappointment amongst his work force - no boss worth the title really wants an unhappy or disgruntled workforce, they are absolutely not good for business - especially if its a small firm/workforce. Sticking together as a team is a good move too.
    • n1guy
    • By n1guy 13th Oct 17, 5:08 PM
    • 269 Posts
    • 55 Thanks
    n1guy
    Let me explain this a bit better. All previous firms I have worked for in the past made it clear at the start of the holiday year the holiday entitlement for the coming year. Most had set holidays with the summer being flexible.

    With this place, the summer is flexible that's the only thing that guaranteed. You really don't know when you're off, the boss will not put a notice up regarding holidays in case he gets an order in and so can easily do away with the holidays. Nothing is set in stone, however, we mostly get the bank holidays, a couple of days at Easter etc and 2 weeks at Christmas.

    I'm moving at the end of the month for example, I need a couple of days off, I will not get paid for these even though I have leave left, the reason for this is this leave is reserved for Christmas but its not set in stone, so the boss can come up to you a day you are due to get off and say nope sorry your carrying it over. Last Christmas, for example, we were not told we were off until 2.30pm on the last day, sure we had a good idea yes but it wasn't confirmed until 2.30pm.

    This Christmas looks really doubtful but you will not know until a day or two before you're due to be off.
    • sangie595
    • By sangie595 13th Oct 17, 6:01 PM
    • 4,162 Posts
    • 6,849 Thanks
    sangie595
    But that doesn't explain why you are letting the employer get away with it. All the explanations in the book don't mean you have to accept it. But if you accept it you are agreeing to it!
    • n1guy
    • By n1guy 13th Oct 17, 9:47 PM
    • 269 Posts
    • 55 Thanks
    n1guy
    But that doesn't explain why you are letting the employer get away with it. All the explanations in the book don't mean you have to accept it. But if you accept it you are agreeing to it!
    Originally posted by sangie595
    I wasnít 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. Iím 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.
    • paddedjohn
    • By paddedjohn 14th Oct 17, 12:07 AM
    • 7,074 Posts
    • 7,724 Thanks
    paddedjohn
    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)
    Be Alert..........Britain needs lerts.
    • ilikewatch
    • By ilikewatch 14th Oct 17, 7:25 AM
    • 1,044 Posts
    • 1,237 Thanks
    ilikewatch
    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)
    Originally posted by paddedjohn
    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.
    • sangie595
    • By sangie595 14th Oct 17, 8:52 AM
    • 4,162 Posts
    • 6,849 Thanks
    sangie595
    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.
    Originally posted by ilikewatch
    There is a difference between the law and am employers policy. The statement is correct.
    • sangie595
    • By sangie595 14th Oct 17, 8:54 AM
    • 4,162 Posts
    • 6,849 Thanks
    sangie595
    I wasnít 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. Iím 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.
    Originally posted by n1guy
    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
    • By NewShadow 14th Oct 17, 10:36 AM
    • 2,499 Posts
    • 11,177 Thanks
    NewShadow
    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)
    Originally posted by paddedjohn
    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.
    Originally posted by ilikewatch
    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.

    There is pleasure in the pathless woods, there is rapture in the lonely shore, there is society where none intrudes, by the deep sea, and music in its roar...
    Byron
    • scd3scd4
    • By scd3scd4 14th Oct 17, 12:25 PM
    • 541 Posts
    • 430 Thanks
    scd3scd4
    I am not aware an employer can force anyone to take leave over to the next year.
    • Undervalued
    • By Undervalued 14th Oct 17, 12:36 PM
    • 3,175 Posts
    • 2,893 Thanks
    Undervalued
    I am not aware an employer can force anyone to take leave over to the next year.
    Originally posted by scd3scd4
    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
    • By scd3scd4 14th Oct 17, 12:53 PM
    • 541 Posts
    • 430 Thanks
    scd3scd4
    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.
    Originally posted by Undervalued
    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!
    Last edited by scd3scd4; 14-10-2017 at 1:22 PM.
    • scd3scd4
    • By scd3scd4 14th Oct 17, 1:18 PM
    • 541 Posts
    • 430 Thanks
    scd3scd4
    The more I read the lucker I feel.

    My wife earns nearly 30 days a year in flexi leave.
    • n1guy
    • By n1guy 15th Oct 17, 9:07 AM
    • 269 Posts
    • 55 Thanks
    n1guy
    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.
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

521Posts Today

3,289Users online

Martin's Twitter