working whilst on holiday

tinmachine

am i allowed to work whilst getting holiday pay. Where i work they are short staffed due to sickness. I am off for two week with holiday pay and they have asked me to go in on my non-contractual days. I am allowed to do this as i would be happy to do so or is it illegal.

liney

You must have 5.6 weeks (including bank holidays) off per year. Whether it is against the working time regs will depend on whether you will still have this rest break.

jdturk

liney wrote: »

You must have 5.6 weeks (including bank holidays) off per year. Whether it is against the working time regs will depend on whether you will still have this rest break.

I don't think this is incorrect, the company must offer you 5.6 weeks holiday however if you elect not to take them then you could 'lose' them or they may offer you pay in lieu of them.

liney

jdturk wrote: »

I don't think this is incorrect, the company must offer you 5.6 days holiday however if you elect not to take them then you could 'lose' them or they may offer you pay in lieu of them.

WTR do specifically say that a worker cannot opt out of rest breaks.

If you can wait until Monday you (OP) could contact the Health and Safety Executive who are the experts. http://www.google.co.uk/url?sa=t&source=web&ct=res&cd=1&ved=0CAoQFjAA&url=http%3A%2F%2Fwww.hse.gov.uk%2F&rct=j&q=HSE&ei=eUiBS8n2C4uy0gSG1Km0BA&usg=AFQjCNEiV4Hc5Gx63c8hRU7MyhFlYWuuJw

MrsManda

You don't have to take your allotted holiday time, you can be paid for it should you and your employer agree. However it must be your choice, not that of your employer.
I've been paid for holidays when I've been leaving a company and have decided to work my notice rather than take the holidays owed to me. I know many people who have found they are reaching the end of their holiday year with more holiday days than they can carry over who have requested that they are paid for the holidays rather than taking them so it's perfectly legal.
Though I'd suggest in this case you swap the holidays you have booked off for working days, then if you decide you don't want to take them at another time before the end of your holiday year then get paid for them. That way you still have the option of taking the holidays and it looks less like your employer forcing you not to take the holiday you are entitled to.

jdturk

liney wrote: »

WTR do specifically say that a worker cannot opt out of rest breaks.

If you can wait until Monday you (OP) could contact the Health and Safety Executive who are the experts. http://www.google.co.uk/url?sa=t&source=web&ct=res&cd=1&ved=0CAoQFjAA&url=http%3A%2F%2Fwww.hse.gov.uk%2F&rct=j&q=HSE&ei=eUiBS8n2C4uy0gSG1Km0BA&usg=AFQjCNEiV4Hc5Gx63c8hRU7MyhFlYWuuJw

Breaks are differant to holidays surely? that link you had takes me to their front page

MrsManda

Rest Breaks:
As an adult worker (over 18), you will normally have the right to a 20 minute rest break if you are expected to work more than six hours at a stretch.
A lunch or coffee break can count as your rest break. Additional breaks might be given by your contract of employment. There is no statutory right to 'smoking breaks'.
The requirements are:

• the break must be in one block
• it cannot be taken off one end of the working day - it must be somewhere in the middle
• you are allowed to spend it away from the place on your employer's premises where you work
• your employer can say when the break must be taken, as long as it meets these conditions

Holidays are different.

liney

jdturk wrote: »

Breaks are differant to holidays surely? that link you had takes me to their front page

Click the "contact" tab...

I believe that this will not be allowed if i takes the OP under Statutory because if it is, then what stops every other person who needs the extra money from selling back their holidays, thus making a mockery of the WTR's?

Edited to say:

http://www.direct.gov.uk/en/Employment/Employees/Timeoffandholidays/DG_171945
Actually i just found:

Carrying over holidays

You do not have a right to carry leave over. However, your employer may allow you to carry over any untaken holiday from one leave year to the next.
You must take all of your statutory minimum holiday entitlement each year. Only holiday on top of this can be carried over, and only if your employer gives you permission or it is allowed by your employment contract.

And this:

Payment in lieu for holiday or 'buying out'

On 1 April 2009 the minimum holiday entitlement rose to 5.6 weeks (28 days if you work five days a week). You cannot exchange any untaken leave for pay.

jdturk

the point is if someone does not want to take holidays they are entitled to then forcing them to take the holidays will lead to more problems than it create, the only time that I can see forcing someone to take their holidays even if they don't want to if it was going to cause a health and safety problem in line with their work (and most jobs would not fall under this catergory)

Its unusual but someone people just don't want to take their holiday allowance and as long as the company are not forcing them to miss it then I don't see to much of a problem in that

liney

jdturk wrote: »

the point is if someone does not want to take holidays they are entitled to then forcing them to take the holidays will lead to more problems than it create, the only time that I can see forcing someone to take their holidays even if they don't want to if it was going to cause a health and safety problem in line with their work (and most jobs would not fall under this catergory)

Its unusual but someone people just don't want to take their holiday allowance and as long as the company are not forcing them to miss it then I don't see to much of a problem in that

Yep, see your point, but then we are back to subtle threats and implications so that employees are forced to "choose" not to take their holidays.]

I'm not saying that is what is happening to the OP, of course, but if it's not allowed then that will be the reasoning.

jdturk

liney wrote: »

Click the "contact" tab...

I believe that this will not be allowed if i takes the OP under Statutory because if it is, then what stops every other person who needs the extra money from selling back their holidays, thus making a mockery of the WTR's?

Edited to say:

http://www.direct.gov.uk/en/Employment/Employees/Timeoffandholidays/DG_171945
Actually i just found:

Carrying over holidays

You do not have a right to carry leave over. However, your employer may allow you to carry over any untaken holiday from one leave year to the next.
You must take all of your statutory minimum holiday entitlement each year. Only holiday on top of this can be carried over, and only if your employer gives you permission or it is allowed by your employment contract.

And this:

Payment in lieu for holiday or 'buying out'

On 1 April 2009 the minimum holiday entitlement rose to 5.6 weeks (28 days if you work five days a week). You cannot exchange any untaken leave for pay.

You seem to be correct but you must even admit that this is a mockery of a ruling, as my above post if someone does not want to take all their holiday then surely you can't force them to...