Holiday entitlement

blueye

if her holiday year ends in march then the employer has 3 options
a: let her take the holidays
if they cant/wont do this then they must
b: pay her for the untaken holidays
c: carry them over into the next holiday year

if she makes her life a misery then there are ways to deal with this but you have to cross that bridge when/if you come to it

jdturk

blueye wrote: »

if her holiday year ends in march then the employer has 3 options
a: let her take the holidays
if they cant/wont do this then they must
b: pay her for the untaken holidays
c: carry them over into the next holiday year

if she makes her life a misery then there are ways to deal with this but you have to cross that bridge when/if you come to it

You are only allowed to be paid for any holiday over the statutory minimum

rupee99

Under the working time regulations your partner is entitled to a minimum of 28 days annual leave (including bank and public holidays) or more if her contract allows. The employer can set rules as to when these are taken but those rules cannot prevent the contractual or legal entitlement from being used.

It matters not, legally, who fights your partner's battles, but from a practical perspective do you or your partner really want the consequences of an acrimonious argument viewed as being propelled by you? It may get the holiday entitlement but also may lead to lots of aggravation for your partner at work in the future.

You could say that if they make life too difficult for her she could resign and claim unfair constructive dismissal. All possibly true but are you ready for the practical consequences and possible loss of income whilst it all gets sorted out?

Surely it would be better for her to deal with it herself in quiet but firm negotiation.

getmore4less

5.6 weeks from 1april 2009 ma 28 days full time

you can't get paid for these.

http://www.direct.gov.uk/en/Employment/Employees/Timeoffandholidays/DG_171945

Some links say you can carry over 8 but must take 20.
http://www.businesslink.gov.uk/bdotg/action/detail?r.s=sc&r.l1=1073858787&r.lc=en&r.l3=1074414642&r.l2=1073858926&type=RESOURCES&itemId=1074414966

DVardysShadow

rupee99 wrote: »

Under the working time regulations your partner is entitled to a minimum of 28 days annual leave (including bank and public holidays) or more if her contract allows. The employer can set rules as to when these are taken but those rules cannot prevent the contractual or legal entitlement from being used.

It matters not, legally, who fights your partner's battles, but from a practical perspective do you or your partner really want the consequences of an acrimonious argument viewed as being propelled by you? It may get the holiday entitlement but also may lead to lots of aggravation for your partner at work in the future.

You could say that if they make life too difficult for her she could resign and claim unfair constructive dismissal. All possibly true but are you ready for the practical consequences and possible loss of income whilst it all gets sorted out?

Surely it would be better for her to deal with it herself in quiet but firm negotiation.

While I can see where you are coming from, rupee, it does rather strike me that the rant given to OP's partner about OP having written it was unnecessary and really, just an excuse for a rant. If they rant off at her about this, the only way she will get a quiet life is by submitting to being bullied out of her holiday. In other words, my judgement is that a quiet life in this place will cost too much even if OP does keep out of it.

Dalkirst

jdturk wrote: »

its over the top if the company provide holiday forms, if they do why not fill one of those out, if they don't I can't see anything wrong with the letter

From what she says they normally have holiday forms out for you to take and fill in then hand them in but the manager took them away because of this reason that she doesn't have anymore holiday time left to hand out.According to this manager she has staff booked in for holidays until September and showed this to my partner.She also said have the holiday then ,fill in a form(which she can't get unless she gives one to her then) but she is breaking the law cos she can't have more than 3 staff off at any one time???
Isn't she breaking a law stopping her having holiday and she's not the only one?
She uses this only allowing 3 members of staff off at one time even though my partner is a senior carer and she says it's all the staff inclding cleaners so if 3 cleaners asked for the same week then not one more member of staff can take that week off.Seems a bit far fectched to me as i know they use agency staff so why can't she use these to cover any holidays?

I'm not going to go down there how ever much i'd love to have it out with her as it's not my buisness to but i find it weird that she brought me into it saying did i write this letter out?
She said this cos it wasn't signed just had partners name printed on it but still???!!!

They won't let the holidays run over to the next holiday year not that this would help anyway if they are booked up until September already anyway and like most employers i think they won't let her work the holiday and pay her double for doing so so the only option is to have the holiday.

Thanks for all your advice so far:)

elsien

Sorry, I can't comment on the holiday issue - a bit complicated for me. Just wanted to say for future reference though that your partner can still join a union and get advice whether the company she works for recognises them or not.
Has she tried giving ACAS a ring?

Dalkirst

Not yet will see how things pan out

MrsManda

As others have said, the statutory entitlement for holidays is 5.6 weeks up to a max of 28 days. To be within the law, an employer HAS to allow an employee take this holiday, though the employer can say when the employee takes the holiday.

If the employer's 'holiday year' finishes on the 31st March, then the employee needs to be allowed to take her remaining holiday before then regardless of the employer's rules on how many people she needs to staff the care home. If the employer doesn't organise her staffs holidays so that she has an adequately staffed care home throughout the year that's her problem, not her employees.

http://www.direct.gov.uk/en/Employment/Employees/Timeoffandholidays/DG_10029788