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  • FIRST POST
    • n1guy
    • By n1guy 13th Oct 17, 7:09 AM
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    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 1
    • getmore4less
    • By getmore4less 13th Oct 17, 7:15 AM
    • 30,000 Posts
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    getmore4less
    • #2
    • 13th Oct 17, 7:15 AM
    • #2
    • 13th Oct 17, 7:15 AM
    Up to 8 days can be carried over.

    They should not stop you taking 20 days.
    • n1guy
    • By n1guy 13th Oct 17, 7:26 AM
    • 252 Posts
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    n1guy
    • #3
    • 13th Oct 17, 7:26 AM
    • #3
    • 13th Oct 17, 7:26 AM
    Yes 8 days. But am I right in thinking this is if the employee wishes? The employer can not force you to carry them over to suit him?
    • bertiewhite
    • By bertiewhite 13th Oct 17, 8:05 AM
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    bertiewhite
    • #4
    • 13th Oct 17, 8:05 AM
    • #4
    • 13th Oct 17, 8:05 AM
    Up to 8 days can be carried over.
    Originally posted by getmore4less
    It depends on the employer, surely?

    I can carry over up to 15 days a year.
    • getmore4less
    • By getmore4less 13th Oct 17, 8:09 AM
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    getmore4less
    • #5
    • 13th Oct 17, 8:09 AM
    • #5
    • 13th Oct 17, 8:09 AM
    Yes 8 days. But am I right in thinking this is if the employee wishes? The employer can not force you to carry them over to suit him?
    Originally posted by n1guy
    Unless there has been case law, working time regulations allow the employer to say when all holidays are to be be taken with only 4 weeks being statutory within the holiday year.
    • getmore4less
    • By getmore4less 13th Oct 17, 8:11 AM
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    getmore4less
    • #6
    • 13th Oct 17, 8:11 AM
    • #6
    • 13th Oct 17, 8:11 AM
    It depends on the employer, surely?

    I can carry over up to 15 days a year.
    Originally posted by bertiewhite
    20 must be taken if you have 35days they can allow 15, if you only have statutory 28 then the limit is 8
    • ohreally
    • By ohreally 13th Oct 17, 8:19 AM
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    ohreally
    • #7
    • 13th Oct 17, 8:19 AM
    • #7
    • 13th Oct 17, 8:19 AM
    I don't believe there is provision for you to sit on holidays and then inform your employer you want to carry then forward into the next leave year.
    • Undervalued
    • By Undervalued 13th Oct 17, 8:33 AM
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    Undervalued
    • #8
    • 13th Oct 17, 8:33 AM
    • #8
    • 13th Oct 17, 8:33 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.
    Originally posted by n1guy
    Be very careful what you wish for here!

    Unless there is any provision in your contract there is no "Christmas entitlement"! Your only entitlement is to 28 days holiday per year and your employer can totally dictate when you can take them.

    As others have said only eight of the 28 days can be carried over but my understanding is that your employer would not be acting unlawfully if they forced a situation where you had to carry up to eight days over. They must allow you (or instruct you) to take at least 20 days during the year but beyond that, unless your contract gives you extra rights, when is up to them.
    • n1guy
    • By n1guy 13th Oct 17, 8:44 AM
    • 252 Posts
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    n1guy
    • #9
    • 13th Oct 17, 8:44 AM
    • #9
    • 13th Oct 17, 8:44 AM
    We’ve only 8 days left which we won’t get this year and this is legal? What’s the point of 28 days per year if you don’t get them
    • Comms69
    • By Comms69 13th Oct 17, 9:45 AM
    • 486 Posts
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    Comms69
    It's not legal no, there must be provision to take the holiday.


    Put in a request in writing.


    That said, is your holiday year jan-dec or apr-mar (or other variant?)
    • n1guy
    • By n1guy 13th Oct 17, 9:52 AM
    • 252 Posts
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    n1guy
    Ok folks I ran this by Acas. Yes 8 days can be carried over but it comes diwn to agreement as I thought. You can not be forced to carry over the 8 days
    • n1guy
    • By n1guy 13th Oct 17, 9:53 AM
    • 252 Posts
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    n1guy
    It's not legal no, there must be provision to take the holiday.


    Put in a request in writing.


    That said, is your holiday year jan-dec or apr-mar (or other variant?)
    Originally posted by Comms69
    Jan to Dec
    • Comms69
    • By Comms69 13th Oct 17, 10:09 AM
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    Comms69
    Ok folks I ran this by Acas. Yes 8 days can be carried over but it comes diwn to agreement as I thought. You can not be forced to carry over the 8 days
    Originally posted by n1guy


    I'd suggest most posters on here are more knowledgeable than the ACAS helpline team

    Jan to Dec
    Originally posted by n1guy


    Does the 8 days include the bank holidays? That would be at least two this year, where presumably all would be off?
    • ohreally
    • By ohreally 13th Oct 17, 10:13 AM
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    ohreally
    How many does this affect?

    This issue would be a good union organising opportunity.
    • n1guy
    • By n1guy 13th Oct 17, 10:25 AM
    • 252 Posts
    • 55 Thanks
    n1guy
    How many does this affect?

    This issue would be a good union organising opportunity.
    Originally posted by ohreally
    There only is 6 of us
    • ohreally
    • By ohreally 13th Oct 17, 10:32 AM
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    ohreally
    There only is 6 of us
    Originally posted by n1guy
    Is there a significance to that number?

    The six of you should discuss and sign up then elect a steward.
    • Undervalued
    • By Undervalued 13th Oct 17, 10:39 AM
    • 3,161 Posts
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    Undervalued
    Ok folks I ran this by Acas. Yes 8 days can be carried over but it comes diwn to agreement as I thought. You can not be forced to carry over the 8 days
    Originally posted by n1guy
    Even if that is correct (and at the basic helpline level it may well not be) the employer can still totally dictate when you must take your holiday. So, if that is correct and you push the point, you may well end up being forced to take those days when you would least want to.

    Taken literally they can give you two days notice to take a day's holiday so, for example, you could be told on a Monday evening that you are on holiday on Thursday.
    • n1guy
    • By n1guy 13th Oct 17, 10:47 AM
    • 252 Posts
    • 55 Thanks
    n1guy
    Even if that is correct (and at the basic helpline level it may well not be) the employer can still totally dictate when you must take your holiday. So, if that is correct and you push the point, you may well end up being forced to take those days when you would least want to.

    Taken literally they can give you two days notice to take a day's holiday so, for example, you could be told on a Monday evening that you are on holiday on Thursday.
    Originally posted by Undervalued
    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
    • Comms69
    • By Comms69 13th Oct 17, 10:49 AM
    • 486 Posts
    • 358 Thanks
    Comms69
    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
    That's unlawful.
    • ohreally
    • By ohreally 13th Oct 17, 10:51 AM
    • 6,268 Posts
    • 4,791 Thanks
    ohreally
    Collectively what did you do about the situation?

    You need to organise yourselves or change is unlikely.
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