working whilst on holiday

pelirocco

You cannot work ,unless your company give you more then the statutory holiday allowance ,you have to by law, take the minimum

pelirocco

jdturk wrote: »

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...

Well yes you can .........if they refuse to take any holiday you bar them from the workplace

jdturk

pelirocco wrote: »

Well yes you can .........if they refuse to take any holiday you bar them from the workplace

yeah true, its tantamount to legal suspension though isn't it

Newbiesw

liney wrote: »

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.

I've always believed this to be the case liney.
I've already mentioned in another Post the grey area surrounding Holiday Pay and its interpretation of the Rules.
Holidays must be taken within the Holiday year, there is no obligation for Employers to allow you to carry it forward except I think for the year when they increased it from 24 to 28 days, then a week was suggested could be carried forward to accomodate the sudden increase in Holidays.
An employer cannot physically force you to take your holidays, he can only advise you that you will not be paid for them if you don't, so there is a bit of financial blackmail behind it.
Working your holidays amounts to payment in kind or an exchange for untaken leave, if every employee decided not to take their holidays and expected to be paid for it, their employers Salary costs would rocket because in a worse case scenario, every employee would be paid almost 58 weeks pay over a 52 week period.

Newbiesw

kingfisherblue

There used to be an employee at a local charity who did not take his annual leave, but preferred to be paid in leiu instead. This became illegal about four or five years ago and he had to either take the paid leave or forgo it altogether. I don't have a link, but I remember that it was in the newspapers at the time that this change had happened and when we checked, it was correct. I think it might have been to protect employees and ensure that they had proper and reasonable time away from work.

clairec79

I seem to remember there being something in my contract with DWP that you could work during your annual leave (assuming 2nd job) but must use at least 2 weeks of it for rest and recuperation (people used to do polling stations and so on often on their leave)

anamenottaken

Has anyone got a link to the actual legislation which says you MUST take the holiday?

I only see references to government or other websites, not to the actual clause in an Act which says you must take the holiday or must take a break. I have only read in the legislation the granting of an entitlement, not being forced.

(By the way, other than h&s, reasons for insisting people take holidays include as a fraud detection/prevention measure.)

liney

http://www.opsi.gov.uk/si/si1998/19981833.htm#13

Point 13 - Annual Leave

9) Leave to which a worker is entitled under this regulation may be taken in instalments, but -

(a) it may only be taken in the leave year in respect of which it is due, and

(b) it may not be replaced by a payment in lieu except where the worker's employment is terminated

There have been updates but in the main these have been increase to actual allowences leaving the bones the same.

liney

Newbiesw wrote: »

I've always believed this to be the case liney.
I've already mentioned in another Post the grey area surrounding Holiday Pay and its interpretation of the Rules.
Holidays must be taken within the Holiday year, there is no obligation for Employers to allow you to carry it forward except I think for the year when they increased it from 24 to 28 days, then a week was suggested could be carried forward to accomodate the sudden increase in Holidays.
An employer cannot physically force you to take your holidays, he can only advise you that you will not be paid for them if you don't, so there is a bit of financial blackmail behind it.
Working your holidays amounts to payment in kind or an exchange for untaken leave, if every employee decided not to take their holidays and expected to be paid for it, their employers Salary costs would rocket because in a worse case scenario, every employee would be paid almost 58 weeks pay over a 52 week period.

Newbiesw

An employer can give you notice in accordance with the WTR (ie twice the amount of time as that you/they wish you to take) and tell you when you will take your annual leave if they wish. Of course most people will not need prompting

Newbiesw

anamenottaken wrote: »

Has anyone got a link to the actual legislation which says you MUST take the holiday?

I would be very interested in this answer too if any-one finds it.
I know it was DEFINATELY mentioned in 1998 when the WTD was introduced regarding holidays stating that it had to be taken and not paid in kind.
It is very difficult to find that stated in updated legislation so does that mean:
1: It still stands because everyone should know about it
2: It still stands (but up to the Employers discretion) or
3: It no longer stands

The trouble with people who make these laws seem to be the people that have absolutely no idea what they're talking about leaving more "What if?" questions to their answers!

Newbiesw