minimum holidays to be taken every year

liney

http://webarchive.nationalarchives.gov.uk/+/http://www.dti.gov.uk/employment/holidays/faq/index.html

See question 19.

19. Can payment be given in lieu of the additional holiday?

"Yes, until 1 April 2009, if both worker and employer agree. Four weeks’ leave must still be taken as holiday in each leave year. For statutory leave entitlement accruing after 1 April 2009, payment in lieu will not be permitted (although payment in lieu of any leave above the statutory entitlement could be allowed depending on the contract of employment)."

20 days applied until April 2009 only.

SarEl

xyz123 wrote: »

This is exactly what i am trying to find out. My employer is telling me i must take 148 hours plus bank holidays, while my understanding is that it should be 96 hours (12 days) plus 8 bank holidays.

Would be great if someone can find a link. I looked at directgove website for WTD but can not see anything like this.....

would really appreciate help, it would save me taking almost two weeks holidays for doing nothing but sitting at home (OH has no holidays left as she works part time:mad:)....

I am not sure that I follow what you are saying. So lets make this simple. The laws say that you are entitled to take 28 days (including bank holidays). Your employer is insisting that you do so??? And you don't want to?

Your employer is in the right - and how nice to see it! Your employer is able to insist that you take your full holidays, and if you refuse to do so, then they can stipulate that you must take them and when you must take them. Holiday is supposed to be taken!

I can't say that this is something I ever come across, but I haven't previously met anyone who wanted less holiday than they were entitled to! The usual problems is employers trying to get out of giving people holidays, not making them take it.

Or is this an elaborate ploy to get of of the DIY list your OH is making

SarEl

liney wrote: »

http://webarchive.nationalarchives.gov.uk/+/http://www.dti.gov.uk/employment/holidays/faq/index.html

See question 19.

19. Can payment be given in lieu of the additional holiday?

"Yes, until 1 April 2009, if both worker and employer agree. Four weeks’ leave must still be taken as holiday in each leave year. For statutory leave entitlement accruing after 1 April 2009, payment in lieu will not be permitted (although payment in lieu of any leave above the statutory entitlement could be allowed depending on the contract of employment)."

20 days applied until April 2009 only.

I think this relates only to payment in lieu though - although as I said, it is so rare that I come across someone who doesn't want their holidays that I am reaching out in memory. I believe that it is still possible to carry over (with permission) these 8 days i.e. add them to the next leave year. But as I said, I may be wrong as it isn't something that comes up day to day - or even decade to decade

liney

http://webcache.googleusercontent.com/search?q=cache:u_C7CusJ8dEJ:www.businesslink.gov.uk/bdotg/action/detail%3FitemId%3D1073792640%26type%3DRESOURCES+business+link+-+paying+in+lieu+of+annual+leave%3F&cd=1&hl=en&ct=clnk&gl=uk

However the "Carrying over annual leave" section here says 4 weeks must be taken and it cannot be paid in lieu, so you would have to carry it over. They couldn't pay you for it even if they wanted to.

It sounds to me that the employer would be opening themselves up to claims that they were not allowing persons to take their holidays, if they agreed to your request. We have given people notice to take their holidays in the past by X date, or we would select the dates for them because they we sitting on alot of unbooked time. They are within their rights to refuse regardless.

fiscalfreckles

SarEl wrote: »

I am not sure that I follow what you are saying. So lets make this simple. The laws say that you are entitled to take 28 days (including bank holidays). Your employer is insisting that you do so??? And you don't want to?

Your employer is in the right - and how nice to see it! Your employer is able to insist that you take your full holidays, and if you refuse to do so, then they can stipulate that you must take them and when you must take them. Holiday is supposed to be taken!

I can't say that this is something I ever come across, but I haven't previously met anyone who wanted less holiday than they were entitled to! The usual problems is employers trying to get out of giving people holidays, not making them take it.

Or is this an elaborate ploy to get of of the DIY list your OH is making

My OH never takes his full holiday entitlement due to the demands of his job. Drives me mad and every year I try and make sure he takes as much as possible, but I don't think he has ever taken every single day he's entitled to.

My BIL however has it written into his contract that he MUST take a portion of his holiday in a 2 week block! The employer stated this at the interview & said it promoted better employee health & attendance if they took a proper break each year.

SarEl

liney wrote: »

It sounds to me that the employer would be opening themselves up to claims that they were not allowing persons to take their holidays, if they agreed to your request. We have given people notice to take their holidays in the past by X date, or we would select the dates for them because they we sitting on alot of unbooked time. They are within their rights to refuse regardless.

I agree entirely. I think the employer is being legally responsible. In their shoes I might allow carry over of statutory leave to facilitate a "holiday of a lifetime" or something of a similarly rare event - with written agreement on both sides. But not otherwise as it does leave them open to suggestions that they didn't allow it to be taken.

Mands

fiscalfreckles wrote: »

My BIL however has it written into his contract that he MUST take a portion of his holiday in a 2 week block! The employer stated this at the interview & said it promoted better employee health & attendance if they took a proper break each year.

That's not unusual, particularly in financial companies. Not only does it give employees a chance to relax and recharge their batteries but it also gives a decent window for employee-led fraud to come to light

Mands

xyz123

SarEl wrote: »

I am not sure that I follow what you are saying. So lets make this simple. The laws say that you are entitled to take 28 days (including bank holidays). Your employer is insisting that you do so??? And you don't want to?

sorry i wasnt clear. Situation is that i have lots of holidays this year left while OH doesnt have any. We get next year's entitement in christmas. I am not saying i dont want to take holidays. what i want to do is to carry forward holidays into next year(as per company policy we can carry forward maximum 15 days into next year as long as we have taken minimum required leave for this year).

Question is surrounding this minimum required leave. my employer says it is 148 hours plus bank holiday. while i think it is 96 hours plus bank holidays. So its about these 52 hours which i want to carry forward into next year.

Also this 148 hours doesnt make sense. If we have to take 28 days off, including 8 public holidays, then it should be 160 hours (20 X 8) and not 148..

Also just a thought.. does paid sick leave count towards meeting this minimum requirement..

hope thats more clear now.

paddedjohn

go to www.direct.gov.uk and there is a holiday accruement calculater that will explain everthing in plain english and its very easy to use.

paddedjohn

xyz123 wrote: »

sorry i wasnt clear. Situation is that i have lots of holidays this year left while OH doesnt have any. We get next year's entitement in christmas. I am not saying i dont want to take holidays. what i want to do is to carry forward holidays into next year(as per company policy we can carry forward maximum 15 days into next year as long as we have taken minimum required leave for this year).

Question is surrounding this minimum required leave. my employer says it is 148 hours plus bank holiday. while i think it is 96 hours plus bank holidays. So its about these 52 hours which i want to carry forward into next year.

hope thats more clear now.

i think you should check your employment contract for company policy re holidays