Boss Not Letting Me Take Holiday

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  • sniggings
    sniggings Posts: 5,281 Forumite
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    KiKi wrote: »





    Why the snippiness? :)

    KiKi

    because I am agreeing with you but also giving the OP an option as she asked for of what will happen if she doesnt get the holidays, you told for to forget about the 2 days she lost:eek: at least I told her to get the money back.

    Unless you have a time machine then if the 20 days turn out like the 2 days and she doesnt get them, saying "it's the law "will not help.

    Why you need to prove me wrong when we are agreeing, I'm surprised I was only snippy with you :rotfl:
  • KiKi
    KiKi Posts: 5,377 Forumite
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    sniggings wrote: »
    because I am agreeing with you but also giving the OP an option as she asked for of what will happen if she doesnt get the holidays

    ...which was the whole basis of me posting: you implied they didn't have to allow holiday. They do.
    you told for to forget about the 2 days she lost:eek: at least I told her to get the money back.

    No I didn't. I said she 'may need to lose' the 2 days - which in law is correct - and that she should try and negotiate to be paid for them. (See post 3.) :)

    Unless you have a time machine then if the 20 days turn out like the 2 days and she doesnt get them, saying "it's the law "will not help.

    If she were asking this 12 months from now, then I wouldn't be saying "it's the law" - I'd be saying "try and negotiate to be paid for them, but in law you've lost them". Which is exactly what I advised for the 2 days.

    But we're not 12 months on. So right now, the "it's the law" line is absolutely correct, and what she needs to know so she can have her lawful right to her paid leave.

    Why you need to prove me wrong when we are agreeing, I'm surprised I was only snippy with you :rotfl:

    The fact is that you said "They will have to pay you if they don't allow you the holidays." This intimates that they don't have to allow the holidays. The law says otherwise, so I pointed that out. I don't want the OP to read it and think that the law allows something when it doesn't.

    If you choose to take that personally and feel I'm trying to prove you wrong, that's up to you. :)

    KiKi
    ' <-- See that? It's called an apostrophe. It does not mean "hey, look out, here comes an S".
  • getmore4less
    getmore4less Posts: 46,882 Forumite
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    edited 27 July 2012 at 10:54PM
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    Establish the paper trail of request and refusals.

    in each request remind the employer they need to allocate the holidays if they don't allow requests and you still have Xdays left and these will be deemed to have been approved for the final days of the holiday year as that will be the last opportunity to exercise your statutory right to the holidays.

    You might want to leave the first request like this till you have a years employment. but if you can tie a dismisal to a request like this(not easy) it by passes the one year rule(2 yesrs now from April)

    Really important to keep an eye on this and how others get their holiday and staffing issues/leavers etc. you might have to manage the manager and forward planning.

    Remember currently if you are unable to take holidays due to sick or pregnancy they carry over bypassing any company policy.
  • Sambucus_Nigra
    Sambucus_Nigra Posts: 8,669 Forumite
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    sniggings wrote: »
    because I am agreeing with you but also giving the OP an option as she asked for of what will happen if she doesnt get the holidays, you told for to forget about the 2 days she lost:eek: at least I told her to get the money back.

    Unless you have a time machine then if the 20 days turn out like the 2 days and she doesnt get them, saying "it's the law "will not help.

    Why you need to prove me wrong when we are agreeing, I'm surprised I was only snippy with you :rotfl:

    It's illegal to refuse to allow someone holiday and give them the money instead.
    If you haven't got it - please don't flaunt it. TIA.
  • getmore4less
    getmore4less Posts: 46,882 Forumite
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    It's illegal to refuse to allow someone holiday and give them the money instead.

    The issue is enforcement and penalties.

    As an employee the only way to enforce is to take the holiday then take action if there is any deduction of wages or dismisal and conect that to the enforcement of a statutory right.
  • sniggings
    sniggings Posts: 5,281 Forumite
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    KiKi wrote: »




    The fact is that you said "They will have to pay you if they don't allow you the holidays." This intimates that they don't have to allow the holidays. The law says otherwise, so I pointed that out. I don't want the OP to read it and think that the law allows something when it doesn't.

    If you choose to take that personally and feel I'm trying to prove you wrong, that's up to you. :)

    KiKi

    No it doesn't, I was answering the OP#s post where she asked

    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?


    so I said

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

    you really need to accept when your wrong.

    I doubt many people don't know you are entitled to Holidays at work, come on give me some credit.
  • LittleMrsThrifty
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    I would contact your manager/employer and say that given the leave dates you have requested are unsuitable, could they suggest dates which would b suitable and you'll be flexible to meet their needs.
    MSE aim: more thanks than posts :j
  • PasturesNew
    PasturesNew Posts: 70,698 Forumite
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    Take a calendar into your boss' office and ask him to tell you when you can take your holiday .... it might be that there's plenty of times it would be OK, just not the particular patterns/dates you've put in for so far.
  • gibson123
    gibson123 Posts: 1,733 Forumite
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    You still have 9 months to take the leave! Is it just that this is a particularly busy time for the employer. I would ask the employer what is the best time to take leave. it may be that they prefer people to take leave at Christmas or when they are less busy.
  • getmore4less
    getmore4less Posts: 46,882 Forumite
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    sniggings wrote: »
    No it doesn't, I was answering the OP#s post where she asked

    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?

    so I said

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

    you really need to accept when your wrong.

    I doubt many people don't know you are entitled to Holidays at work, come on give me some credit.

    The problem is they don't have to pay you and there is nothing you can do about it.

    The right you can exercise is the one to take the holiday, there is no right to get them bought out(paid).

    If you believe otherwise please explain how you enforce the payment of holiday pay for untaken days.
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