Is this legal re holidays?

Moody_Mare

Last 3 times my husband has put in for holidays it has been turned down to the point were he lost 8 days holidays last year. The excuse is always that others have booked in before him and that those with children get priority. He has worked solid for 9 months and needs a break, due to the nature of his job he is always working and on call when there are public holidays so never gets these off either.

In the case of last year when he lost 8 days holiday they are gone for good and he was not even been paid for them as it's his fault he did not take them. Although this appears unfair as his holiday requests are always turned down. We have family all over the country and we never see them, importantly elderly parents. Is there anything we can do? do they have a legal right to turn down requests everytime then not pay when holiday year runs out. I would not mind but this years he has to work yet another xmas

vikingaero

What's the job? Public? Private? Union?

patman99

My last employer tried that with me. My response was always 'If you do not let me book it as a holiday, then I will just phone-in sick, so either way, I will not be in'. Not once did they dare to call my bluff.

Another ploy (to eek-out my hols.) was to always book the 2 easter weeks (10 days off, 8 holiday days used), along with the last 2 weeks in August (getting-in 10 days hols for 9 service days). I used to book them in January. If they then asked me later in the year if I wouldn't mind canceling my hols, I would reply 'only if you are willing to pay the £1000 I paid-out on a 2 week break'.

clairec79

Are there other times which he could take leave? If he's say asking for August and they say no, but you could in September then it's not them stopping him taking leave in the year, just stopping him from taking it when he wants to (and I'm not allowed to take any of mine in the school summer holidays this year which is annoying but I could look and see where there were gaps - not where I wanted but I've got time off)

kelloggs36

did he ask when he COULD take the holiday? If they refused to respond then I believe he would have a case for complaint and possibly go to an employment tribunal.

corbyboy

If he asked for certain dates and was told they were unavailable did he not ask which dates were available?

If, for example, he was told there were no available dates for the last 4 months of the year then he would have cause for complaint. But if there were available dates and he chose not to take them then I don't think he has much cause for complaint.

Uncertain

Although an employer can (within certain limits) dictate when you take your holiday they cannot legally refuse you the statutory minimum of 28 days per year. Equally they cannot pay you for these days over and above your salary, as an alternative to taking them, even if both parties would be happy to agree.

So, for example, you have ten day holiday left and there are only two weeks remaining in the holiday year they HAVE to let you take them.

corbyboy

Uncertain wrote: »

So, for example, you have ten day holiday left and there are only two weeks remaining in the holiday year they HAVE to let you take them.

Are you sure? That contradicts this from Directgov:

You must give your employer advance notice that you want to take holiday. This notice should be at least twice as long as the amount of holiday you want to take. For example, you should give two weeks' notice for one week's holiday.

Uncertain

corbyboy wrote: »

Are you sure? That contradicts this from Directgov:

A qualified yes.......

It is really a case of which is the bigger wrong or the stronger right!

The employer probably also has procedures for staff to book holidays. However, no procedure can be so limiting as to make it impossible to take the statutory minimum holiday.

apples1

When do they allow people to start booking holiday for the coming year? Can't he put in a years worth of requests on that day and be sorted. If all of those were refused (and I'd be surprised) then immediately ask when is avaialble and book a years worth of those straight away.

If he leaves it until well into the holiday year and all the dates he wanted are already booked by others then it is down to him really to change his strategy!

As an employer it drove me crazy that our staff (to whom we give generous holiday 25- 29 days plus bank holidays) failed to request them all early on despite me reminding and asking them to. Then towards end of holiday year they would all be trying to get time off and so I let them be off more than one at a time. This was really detrimental to our business and unfair on their colleagues left behind to work twice as hard. After three years of this I was determind to put a stop to it.

This year (well last year for this years holiday) I introduced a policy where they took in turns to put time on the planner and had to be done by specific date. If not done by then I said I would allocate any of their unrequested allowance. I ended up only allocating five days out of a team of ten staff! I was also able to authorise EVERY single day anyone had requsted. Win win for us and them.

C_Mababejive

May i refer you to sections 13 through 16 of the working time regulations as follows...clickety click..

http://www.legislation.gov.uk/uksi/1998/1833/contents/made

Has he spoken to his union rep about this?

Also what does his contract of employment say about entitlement and carrying over of unused holidays?

People with children do not get priority.