Boss Not Letting Me Take Holiday

quatrofromageo

Hi guys, I'm in an unfamiliar situation, because my boss isn't letting me take holiday. Also, if you don't use your holiday by the end of the year, you lose it. You don't get paid it.

There's 2 parts to this.

1) I have 20 days holiday to use up.
However, I'm totally stacked with work, so I put in to take every Friday as holiday for the next few months. Got rejected. Then I put in for a week off at the end of September. That got rejected on the basis that I can't be off for a whole week when we have so much work on.

Bear in mind that I'm super organised and have managed my workload accordingly on the various days to make sure that taking holiday will not impact on my work and my work will not have to be picked up by others in the team.

So I'm in a situation where my boss won't let me take any holiday.
I know taking holiday is at your line manager's discretion, but if I have 20 days and can't use them all and effectively get forced into losing all my holiday, what happens then?


2) 2 days holiday from last year
I was made aware today that our holiday runs from the start of the financial year.

I started at this company mid February, so I would have accrued at least 2 days holiday before the end of the 2011 financial year.

This is not stated in the contract and I was not made aware of this rule. The holiday policy is that if you don't use it, you lose it. However, I'm insisting that those 2 days need to be 'carried over', otherwise I've been unfairly screwed our of 2 days holiday which I could have taken.


Any help would be much appreciated, because this is really infuriating and I work my !!!! off for this company :mad:

Thank you :beer:

sniggings

Ring in sick for 2 weeks.

They will have to pay you if they don't allow you the holidays.

Put a complaint in.

Ask for the dates that are available.

Look for a new job.

KiKi

sniggings wrote: »

They will have to pay you if they don't allow you the holidays.

No, they have to allow you to take paid leave, by law.


OP, you may need to lose the 2 days carried over, I'm afraid. If that's the policy which is either in your contract, written as a policy or written in a company handbook somewhere then you've lost it. However, I'd negotiate on the basis of ignorance and no-one informing you of the policy, and ask to be paid for those two days additionally.


Re the 20, you have to be allowed the leave, by law (assuming they're the legal stat min).

You *could* agree to be paid it (in addition to being paid full time) if you don't want to take the leave, so you could negotiate. But by law (or contractually dep on your leave amounts) you HAVE to be given those 20 days if you want them. I personally wouldn't negotiate as it sets a bit of a precedent, and suggests that you will do whatever they want.

Go talk to whoever you need to talk to. Explain that you're happy to be flexible, and understand business needs. But you are entitled, by law, to 5.6 weeks paid leave a year, and the 20 days you're owed needs to be taken. If they say no, then you may need to write a letter saying you've taken legal advice.

However, be careful about rocking the boat. With less than a year's service, they could dismiss you for being difficult. That doesn't detract from their lawful requirements, of course, but you could end up without a job. Ironically, if they did, then they'd have to pay you your outstanding leave days pro rata...

KiKi

BobQ

You are entitled to have 28 days off per year including bank holidays. The entitlement is statutory and any employer refusing could be prosecuted.

Of course you have to give reasonable notioce and they have to give reasonable notice to cancel your leave. If they make it too difficult for you to take it you may have a reasonable grievance. Have a look at the enclosed link.

See http://www.direct.gov.uk/en/Employment/Employees/Timeoffandholidays/DG_10034711

sniggings

KiKi wrote: »

No, they have to allow you to take paid leave, by law.


OP, you may need to lose the 2 days carried over, I'm afraid. If that's the policy which is either in your contract, written as a policy or written in a company handbook somewhere then you've lost it. However, I'd negotiate on the basis of ignorance and no-one informing you of the policy, and ask to be paid for those two days additionally.


Re the 20, you have to be allowed the leave, by law (assuming they're the legal stat min).

You *could* agree to be paid it (in addition to being paid full time) if you don't want to take the leave, so you could negotiate. But by law (or contractually dep on your leave amounts) you HAVE to be given those 20 days if you want them. I personally wouldn't negotiate as it sets a bit of a precedent, and suggests that you will do whatever they want.

Go talk to whoever you need to talk to. Explain that you're happy to be flexible, and understand business needs. But you are entitled, by law, to 5.6 weeks paid leave a year, and the 20 days you're owed needs to be taken. If they say no, then you may need to write a letter saying you've taken legal advice.

However, be careful about rocking the boat. With less than a year's service, they could dismiss you for being difficult. That doesn't detract from their lawful requirements, of course, but you could end up without a job. Ironically, if they did, then they'd have to pay you your outstanding leave days pro rata...

KiKi

I know it's the law, I didn't say it wasn't, I was pointing out, if like the 2 days the OP didn't get, she also doesn't get the 20 days then she has to be paid that money or the days carried over.

hcb42

Agree with Kiki, ask them when they can be taken, and make it clear you dont intend to lose them so they need to be taken somewhere..

KiKi

sniggings wrote: »

I know it's the law, I didn't say it wasn't, I was pointing out, if like the 2 days the OP didn't get, she also doesn't get the 20 days then she has to be paid that money or the days carried over.

The employer *can't* refuse them. That's why I disagreed with you saying "she has to be paid that money". She doesn't at all. She has to get the leave if she requests it.

The only exception would be if she chose to negotiate something separate, but to suggest she should be paid in the case of refusal is wrong - because she can't be refused.

(And yes, I'm making an assumption that the 20 days are part of the stat min and not in addition - although that would still be contractual.)

KiKi

sniggings

KiKi wrote: »

The employer *can't* refuse them. That's why I disagreed with you saying "she has to be paid that money". She doesn't at all. She has to get the leave if she requests it.

The only exception would be if she chose to negotiate something separate, but to suggest she should be paid in the case of refusal is wrong - because she can't be refused.

(And yes, I'm making an assumption that the 20 days are part of the stat min and not in addition - although that would still be contractual.)

KiKi

the OP asked

So I'm in a situation where my boss won't let me take any holiday.

My reply was in answer to that, she has already said she lost out on 2 days holiday so why you say

but to suggest she should be paid in the case of refusal is wrong - because she can't be refused.

as it has already happened .

If you are so convinced she will get the holidays then why say

OP, you may need to lose the 2 days carried over, I'm afraid.

as you say it's law she can't be refused...oh but wait she was, it didn't stop them not giving her those days now did it.

KiKi

sniggings wrote: »

the OP asked

So I'm in a situation where my boss won't let me take any holiday.

My reply was in answer to that, she has already said she lost out on 2 days holiday so why you say

but to suggest she should be paid in the case of refusal is wrong - because she can't be refused.

as it has already happened .

The boss may have said no, but that's not lawful. He cannot lawfully refuse stat paid leave. He has to let her take it, and find a way to make it happen - or negotiate otherwise.

If you are so convinced she will get the holidays

It's not a case of being 'convinced she will get the holidays' - she has a lawful right to them. Nothing to do with my opinion at all! It's the law.

then why say

OP, you may need to lose the 2 days carried over, I'm afraid.

Because she has requested the 20 days. She has to be allowed to take them.

She didn't request the 2 days last year. Had she done so, she would have had the lawful right to them. (The fact that she didn't know is another matter, but nonetheless, had she had a choice of take or lose, she would have taken, and would have had a lawful right to do so.)

I hope that clears up any confusion.

as you say it's law she can't be refused...oh but wait she was, it didn't stop them not giving her those days now did it.

Why the snippiness?

KiKi

paddedjohn

OP, you still have 8 months of your holiday year left before this becomes an issue, your employer can dictate when you have your leave as long as you get it. Does your company have a shutdown over christmas when some of your days will be used up?

As for the 2 days from last year im afraid you have lost them unless your employer changes thier mind, the onus is on the employee to to use their allocation and not on the employer to remind you. As already stated you cant be paid for any untaken hols (legally) but you can rollover upto 8 days with the agreement of your boss.

maninthestreet

So what is the situation with your work colleagues - are they being denied leave requests like you are?