Annual Leave - One month to take it...

vindicated

Quick query

Started a job not long ago and have annual leave to take, put in request a few weeks back but have received no word regarding it being approved/declined - only advice saying its being looked into!

Now it's a few days til it would be due to start and I don't know wha to do - am I entitled to just take it as I've chased things up more than three times or will I be disciplined for that?

It's driving me nuts and stressing me out as loads of new starts also have leave due but cannot take it as the company has not got back with a yes or no, just a not sure!

Some are saying they'll just take it regardless as they've chased it up but I want some guidance as i can't afford to be dismissed!

Also originally we were told holidays were jan-jan but now we are told its Apr-Mar so with about 120 people due holidays within the next month things are getting stressful!

Thanks folks!

yvonne13_2

vindicated wrote: »

Quick query

Started a job not long ago and have annual leave to take, put in request a few weeks back but have received no word regarding it being approved/declined - only advice saying its being looked into!

Now it's a few days til it would be due to start and I don't know wha to do - am I entitled to just take it as I've chased things up more than three times or will I be disciplined for that?

It's driving me nuts and stressing me out as loads of new starts also have leave due but cannot take it as the company has not got back with a yes or no, just a not sure!

Some are saying they'll just take it regardless as they've chased it up but I want some guidance as i can't afford to be dismissed!

Also originally we were told holidays were jan-jan but now we are told its Apr-Mar so with about 120 people due holidays within the next month things are getting stressful!

Thanks folks!

Where I used to work people's annual leave ran from there birthday month and that worked, but I guess all places are different so when did they tell you they moved the annual leave? and have they updated your contract?

Terrylw1

You need to chase them, which might be quickest verbally.

From my experience, if youre leave is not agreed, you would be considered to be AWOL. This would mean disciplinary action and it could be quite fast I.e. letters sent requesting contact and if no response, dismissal. This could be a problem if youre away on holiday.

Its likely that if you have proof they were taking no action, there would be a compromise however they would still state you should be aware of the policies in your works contract.

By saying one month to take it, are you at the end of your holiday year? If so, it could be your employer intends for you to lose it so chase them up on that point stating you dont want to lose it.

So, go verbal for speed reminding them of prior requests but you could send it written if you say work in an environment were email is used between depts since you can state ant dates when you submitted requests or chased them up.

vindicated

In the contract it apr-mar at the moment so prior advice I guess is just a grey area I guess also I've chased it verbally and via emails but it's dealt with centrally and they haven't approved/declined it - apparently days are trying to be made free but when that decision is made is another question - contract states they can't be carried over so I'm at a lost end, I'm damned of I do and damne of I don't - Dont know of joining the union would help as they may agree it can be taken as its been chased and has almost approached the deadline of when I requested holidays for? Not really sure where I stand legally and whether it can be considered being AWOL and a dismissible act

yvonne13_2

Have HR confirmed how many days you would have accrued then if you have only recently started? I am assuming as you thought it was jan to jan you might be expecting more days than you actually have.

getmore4less

Remind them that by default(law* and company policy) you must be alowed to take your holiday before the end of the holiday year and they are running out of time to select days other than the last few days of the holiday year.


* not strictly true but let them work out how may the law allows you to carry over.

Terrylw1

I seem to recall a rule that employers could carry holiday over if they needed to but it was limited to 5 days and descretionary. I did this about 4 years ago as there was no way i could take them due to unavoidable sickness.

If the company is changing contracts they should be keeping all employees informed and their unions. My company went through this years ago and no one lost anything but its true that you have to watch them...protect yourself as no one else will.

Aren't there rules about contractual changes where the employee bases is sizeable?

kitkatt1982

Hi, in response to Terry, my understanding is that Employees could carry over holiday which is dicretionary to the employer, not employers. Employers cannot make you carry over your annual leave to the next year (although it is completely up to them at what point you take your holiday) Employees are entitled to a legal minimum of 5.6 weeks' annual leave inclusive of bank holidays. 'Annual' obviously means yearly and accrues during your time working for the company. If you have worked for the company long enough to accrue annual leave you are legally entitled to take it before the end of the contractual year. If the company have decided to change their contracts you should have been consulted, have it in writing and a new updated contract issued. If this is not the case then they will have to cope with most of their work-force taking time off in March before the new contractual year won't they. Legally they cannot deny holiday that is owed but should have managed it better earlier in the year.

vindicated

Thanks for the replies! Still no joy, what happens if it gets to the last week of march and nothing? Am I legally entitled to take the time off?

Also there was word they may be carried over however the contract states they cannot be, so can I refuse based on the terms of the contract?

Is it going to help by demanding I want the time off as I had my request in some time ago and people who didn't are now getting holiday requests granted and even paid days off authorised for referrals/targets being met etc?! Sounds bloody unfair to be honest!!

LadyMissA

vindicated wrote: »

Thanks for the replies! Still no joy, what happens if it gets to the last week of march and nothing? Am I legally entitled to take the time off?

Also there was word they may be carried over however the contract states they cannot be, so can I refuse based on the terms of the contract?

Is it going to help by demanding I want the time off as I had my request in some time ago and people who didn't are now getting holiday requests granted and even paid days off authorised for referrals/targets being met etc?! Sounds bloody unfair to be honest!!

Who have you spoken to about it?

ohreally

You need to generate a paper trail to protect yourself. You would be unwise to take leave before its authorised.