working whilst on holiday

anamenottaken

liney wrote: »

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.

Yes, your link is to the original legislation which I have read through before - and does not show that people MUST TAKE their holiday entitlement. The previous links/statements often use the imperative but I have yet to find the legislative evidence. If anyone can find this forced holiday, I would still like to see it.

Starrystarrynight

A colleague of mine recently enquired whether she could work during annual leave and be paid overtime. Must find out the answer!

liney

liney wrote: »

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.

It couldn't be clearer: you cannot be paid in lieu except when leaving a job.

Savvy_Sue

Starrystarrynight wrote: »

A colleague of mine recently enquired whether she could work during annual leave and be paid overtime. Must find out the answer!

I'd have thought that the answer to that should be NO, but for the OP, if they are saying that they want you to come in on days you wouldn't normally work and they will pay you overtime, I'm not sure. However if they are saying "will you come in to work even though you're on leave and we'll let you take the leave next month instead" then I can't see why that wouldn't be allowed - because after all, you might want to change holiday dates yourself!

liney

anamenottaken wrote: »

Yes, your link is to the original legislation which I have read through before - and does not show that people MUST TAKE their holiday entitlement. The previous links/statements often use the imperative but I have yet to find the legislative evidence. If anyone can find this forced holiday, I would still like to see it.

See Paragraph 15.

Your statutory rest period is 5.6 weeks. Your employer is entitled to tell you that you must take holidays as long as they give you the correct notice.

There is no reason you cannot "sell back" holidays in excess of 5.6 weeks should the company agree though.

anamenottaken

liney wrote: »

See Paragraph 15.

Your statutory rest period is 5.6 weeks. Your employer is entitled to tell you that you must take holidays as long as they give you the correct notice.

There is no reason you cannot "sell back" holidays in excess of 5.6 weeks should the company agree though.

Tell me where that says HOLIDAYS MUST BE TAKEN.

emmell

My husband never takes his full holiday entitlement, he finds it very hard as he is always from the office on business, just this last month he's been to Paris and Dubai with a broken arm, so no sick day's either. and a trip to Paris and New Orleans in April.
This carries on through most of the year so we just have to grab weekends when and where we can.
ML.

Newbiesw

anamenottaken wrote: »

Tell me where that says HOLIDAYS MUST BE TAKEN.

The quote from the original Payroll Alliance guide is:

"Statutory annual leave may be taken in instalments but may only be taken in the leave year in which it falls due and CANNOT BE REPLACED BY PAYMENT IN LIEU except on termination of employment"

I read this quite clearly as Holidays must be taken within the year, can't be carried forward nor replaced with a payment.

But try to find anything as clear as that in recent publications ????

Newbiesw

anamenottaken

Newbiesw wrote: »

The quote from the original Payroll Alliance guide is:

"Statutory annual leave may be taken in instalments but may only be taken in the leave year in which it falls due and CANNOT BE REPLACED BY PAYMENT IN LIEU except on termination of employment"

I read this quite clearly as Holidays must be taken within the year, can't be carried forward nor replaced with a payment.

But try to find anything as clear as that in recent publications ????

Newbiesw

We are obviously writing at cross purposes.

I am reading the earlier posts (here and in other threads) as saying you must take the holiday, full stop. That is that you cannot work through and not take them, the holiday must be taken. What you are, quite rightly, pointing to is that the legislation prevents statutory holiday being bought out by the employer.

Newbiesw

anamenottaken wrote: »

We are obviously writing at cross purposes.
I am reading the earlier posts (here and in other threads) as saying you must take the holiday, full stop. That is that you cannot work through and not take them, the holiday must be taken. What you are, quite rightly, pointing to is that the legislation prevents statutory holiday being bought out by the employer.

I don't think we're talking at cross-purposes but I think its the definition of the word MUST.
Yes, you're quite right, I can't see MUST mentioned anywhere except by insinuation.
If I didn't want to lose my holidays, then I must take them within the year, I cannot work my holidays otherwise this would be a "payment in lieu", so I must take them in order not to lose them ?
If I wanted to work my holidays next week thinking I would get 2 weeks money, my employer could say to me "Sure, you can work your holiday next week......but we'll cancel your holiday pay because you can't be on holiday and work at the same time, you're either on holiday or working"
This could be to protect his salary costs because if he can't force an employee to take a holiday and all employees decided through their choice not to take it, they force his salary costs up by more than 10% with no control over it by him.

Of course there's the Law and there's reality knowing in some cases, it suits the Employer and the Employee to work his holidays, get paid for it and everyones' a happy bunny !


Newbiesw