Losing Holiday, Reducing Hours

Sugar_Coated_Owl

Maybe this is what the poster meant

getmore4less

Remind the employer of the statutory requirements on holidays.

Since this is a April-March holiday year you are entitled to a minimm of 5.6weeks(28 days).

This will include bank holidays taken and any other holidays taken
anything over thsi 28 days is negotiable.

How many days have you taken in the holiday year?

What are they proposing for this holiday?

They can't pay you for them(upto 28 days) you have to be allowed to take them.

You may have to raise a grievance if they won't agree.

jdturk

getmore4less wrote: »

Remind the employer of the statutory requirements on holidays.

Since this is a April-March holiday year you are entitled to a minimm of 5.6weeks(28 days).

This will include bank holidays taken and any other holidays taken
anything over thsi 28 days is negotiable.

How many days have you taken in the holiday year?

What are they proposing for this holiday?

They can't pay you for them(upto 28 days) you have to be allowed to take them.

You may have to raise a grievance if they won't agree.

You can be paid for any holiday over if agreed, in this case I suspect even the OP realises that after being of ill for 4 months that to then expect the company to drop everything and allow 4 weeks holiday in the next 6-7 weeks is unfair and unrealistic.

Sickness

In light of a recent European Court of Justice (ECJ) ruling, the following is applicable if you become ill during your holiday or just before you were due to take it. You can ask to convert the period of holiday concerned to sick leave and ask to take the missed annual leave at a later date.

You should follow the usual procedure for telling your employer you are ill (eg letting them know as soon as you can or providing medical certificates). If you are not sure what your normal process is check your employment contract, staff handbook, or intranet.

You may be unable to take all of your holiday entitlement within your leave year because of illness. In this case, the ECJ judgment also means you may be entitled to carry forward the entitlement you would otherwise lose to the next year.

The government will be consulting in 2010 on possible changes to the Working Time Regulations in the light of the ECJ judgement.
If you need further guidance on this subject, please contact Acas for advice.

From the Direct.gov website.

So from this if you are refused to take your holiday time of because you were ill and because you havn't enough time to take the remaining then you can carry it over.

However as I said I would be looking at seeing what holiday you can take off and then ask for the rest less the standard you can carry over to be paid.

Savvy_Sue

Could you use any of it to work reduced hours? I mean, rather than booking 21 days leave in a block, could you work a 3 rather than a 5 day week for the next 6 weeks, that would take care of some of it? And help your return as well.

dmg24

razorbladekisses wrote: »

Thanks for the help so far.

Unfortunately we cannot carry forward holiday and they do not pay for unused holiday.

HR said that if I had returned on reduced hours and worked back up that would have been OK but because I went back on full hours and now want to reduce them and then return to normal hours that is a problem.

Hi rbk, glad to hear that you are on the mend.

How long have you been back at work? I would suggest that, even though you have returned to your normal hours, a short term decrease in hours would be a reasonable adaptation under the DDA. You have been open and honest about your condition and they really should have suggested this option when you advised that you were ready to return.

I imagine they will give a 'business needs' reply - surely they have someone on a nil hours contract, either at your store or one nearby, who can cover the short term absence? How did they cover for your absence whilst you were on long term sick?

rupee99

getmore4less wrote: »

Remind the employer of the statutory requirements on holidays.

Since this is a April-March holiday year you are entitled to a minimm of 5.6weeks(28 days).

This will include bank holidays taken and any other holidays taken
anything over thsi 28 days is negotiable.

How many days have you taken in the holiday year?

What are they proposing for this holiday?

They can't pay you for them(upto 28 days) you have to be allowed to take them.

You may have to raise a grievance if they won't agree.

Holiday pay does not automatically accrue whilst someone is off work due to illness. It would depend on whether that was covered in the Contract of Employment and/or employment handbook. If that is silent there is no right to any holiday. (subject to any forthcoming changes because of the ECJ judgement)

jdturk

They have said that the OP can lessen their hours which is a reasonable request but on a perminant basis but as you said they are a business that ultimately cannot continue to pander to individuals needs if it affects the company (ie shortening their hours on occasions, long term sick etc).

Under the DDA I would say offering less hours on a perminant basis is acceptable.

However business head off I am surprised they didn't offer a staggered entry back into work

jdturk

rupee99 wrote: »

Holiday pay does not automatically accrue whilst someone is off work due to illness. It would depend on whether that was covered in the Contract of Employment and/or employment handbook. If that is silent there is no right to any holiday. (subject to any forthcoming changes because of the ECJ judgement)

I think this is wrong, Statutory holiday pay DOES accrue, however if there is a contracted holiday pay this can be lost back down to statutory holiday pay (ie the 28 days or pro rata)

Sugar_Coated_Owl

I have used 96.5 hours incl. bank holidays.

I am allowed to take 5 days off in March.

They won't allow that Sue as it isn't in the best interest of the business and staff have already booked time off. I do think it sounds like a good idea though.

HI dmg, I have been back 3 weeks. When I was off no one covered my absence, the other staff just had to manage.