Refusal of annual leave - advice please

zzzmaillists

Hi
My first post so go gently on me!
I am in retail and generally refused leave in December and January because it's so busy

It's coming up to the last two months of the year and with 12 weeks remaining, I have six days left and my employer is saying I am going to have to "lose" my days because too many other staff are off july- sept and they can't afford me to be off (that's the next three consecutive months)

I am flexible don't want the days together necessarily, but don't think this is fair

Is this right (legally) or is there anything I can quote to get This looked at!?

Many thanks

Alison S

sujman

https://forums.moneysavingexpert.com/discussion/2140333

See above link to similar discussion - it might answer some if not all of your question.

zzzmaillists

Thanks for the quick reply!
I couldn't see from the direct gov website if its legal (or right) that it gets to the last three months of a leave year period, that its OK to say that the year is now Fully Booked and you just "lose" your leave

I want to challenge it , but want to make sure i get my facts!
thanks!

lucylucky

Have you had the statutory minimum as laid out within the Working Time Regs?

zzzmaillists

HI there, i am entitled to four weeks leave, have had three weeks leave and just a week remainder so had 75% of it so far

lucylucky

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

Key phrase within the above - Your employer is not allowed to give you less than the legal minimum.

zzzmaillists

So they can't deny it to me? I would even be happy to roll it over but they say thats not allowed!

getmore4less

Zzzmaillists wrote: »

HI there, i am entitled to four weeks leave, have had three weeks leave and just a week remainder so had 75% of it so far

If full time(5days +) then they are short 8 days, are you getting the 8 bank holidays or days off to replace them if you work them?

zzzmaillists

Thanks so much for the help as sat here worrying about it!

I work 38 hours a week, bank holidays are added to allowance rather than given which was a change imposed last year I have roughly 6/7 days remainding

lucylucky

Zzzmaillists wrote: »

Thanks so much for the help as sat here worrying about it!

I work 38 hours a week, bank holidays are added to allowance rather than given which was a change imposed last year I have roughly 6/7 days remainding

If you haven't had your minimum, which includes bank holidays, then you are entitled to take time off.

Your leave cannot be "lost" or bought

zzzmaillists

Is there anything you recommend I could go back with? I don't want to be seen as a troublecauser nor a walkover!

So I am entitled to all the days irrespective of whether they can fit it in, saying five months is "now full"!? It just seems so illogical to me!