Is this legal re holidays?

Uncertain · 15 March 2011 at 6:10PM

C_Mababejive wrote: »

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

Regardless of what any contract may say, you cannot carry over any unused STATUTORY holiday (except in case of sickness). If he gets any holiday over and above the statutory 28 days then the employer can lay down pretty much any terms they like about the extra holiday.

Moody_Mare · 15 March 2011 at 7:14PM

Many thanks for all the replies guys, he works for a large utility company and as such you put in dates well in advance and then got told yes or no. They do not tell you if any dates are available and because of training dates updates and so forth you cannot book dates at the start of the year. So you have to put in 5/6 weeks before you want the time off. It is very difficult because we are trying to get him time off when I can get time off as well and to meet up with family. We all try to accomodate around his work but they keep turning him down.

This is now the second year of this and he is realy tired and yes they do prioritise with those with children and admit to this. As we are the only ones with family he comes bottom of the heap to the point were last years holiday was ruined for us as we had to delay by a week as one of the family men suddenly booked a holiday. Due to this he does loose holiday days each year and this is unfair.

He is not a member of the union all they say if no dates are available then you loose out? He could maybe get some time off in January or November but why should we never get a easter or summer holiday (as we never go abroad so June July August would be nice sometimes) and spending the odd xmas together would be good.

The contract says if you do not take holidays you loose out and they will not accomadate if time is running out.

Many thanks to all those who have replied.

corbyboy · 15 March 2011 at 7:20PM

Moody_Mare wrote: »

This is now the second year of this and he is realy tired and yes they do prioritise with those with children and admit to this.

What do you mean they prioritise those with kids? Surely it's first come, first served?

DCFC79 · 15 March 2011 at 7:24PM

If they keep on messing him around maybe a change of employer is called for but it would be a last resort though,

Russe11 · 15 March 2011 at 7:28PM

I tried to help a friend about them not getting their holiday entitlement after their other half had said they was being treated unfairly, in the end my friend told me they was getting the holiday but made a storey up just so they could have a couple weeks away on their own.

Savvy_Sue · 15 March 2011 at 7:28PM

And they cancelled one of his weeks because someone else booked after him and wanted the week he'd booked? :eek: :eek: :eek:

I'd put in a grievance. And I'd join the union. Doesn't matter if the company 'recognises' one, he can still join one. They probably won't help immediately but it can be reassuring.

DCFC79 · 15 March 2011 at 7:39PM

Uncertain wrote: »

Regardless of what any contract may say, you cannot carry over any unused STATUTORY holiday (except in case of sickness). If he gets any holiday over and above the statutory 28 days then the employer can lay down pretty much any terms they like about the extra holiday.

ive carried over holidays before albeit a few days, first job i had i managed to amass a couple of hundred hours of holidays by time id left, i just didnt book many days off

Uncertain · 15 March 2011 at 8:11PM

DCFC79 wrote: »

ive carried over holidays before albeit a few days, first job i had i managed to amass a couple of hundred hours of holidays by time id left, i just didnt book many days off

And I expect you (and I) have exceeded the speed limit at times.

Still doesn't make it legal!

LMCD · 15 March 2011 at 8:24PM

Uncertain wrote: »

And I expect you (and I) have exceeded the speed limit at times.

Still doesn't make it legal!

company disgression? mine you are allowed to carry max 4 days.

eamon · 15 March 2011 at 8:26PM

Sorry to be blunt but your OH needs to rediscover his bo*****. It is likely that his line manager is feigning ignorance of the law and using HR as a shield (they will know better but only if they are aware of workplace issues). This is all nonsense and needs to be treated as such. What he should do is write a formal grievance re-allocation of holidays and force the issue unto his employers. But beware he mustn't settle for a succession of long weekends.