Can't take holidays due from work

catzooo

I work in a large office - about 40 of us in my department. I started there in Feb 2012.
I still have 12 days holidays to book/take from work, but cannot book any time off, as we have been informed that all the available leave slots are now fully booked.
Leave must be used up by end December, or we loose it.
Dept can only have 2 people off per day.
Lots of other people are in the same situation, annoyed that we are going to loose days or weeks of annual leave due.
As there are still 4 and a half months left to the end of the year, none of us expected there to be a problem.
Is there anything I can do?
Does employment law cover this? Surely it can't be legal, certainly not fair.

tosyn

4.5 months = roughly 135 days = 135 x 2 = 270 individual leave days
40 people in the department means they can have 270 / 40 = 6.75 equal share days.

You will atleast have 7 days (ingoring public holidays) is way better than 0 days - but you need to sit with HR / your manager and make sure the leave scheduling system is admistered fairly based on a formula. Some people would have already booked their holidays months/years in advance, so the policy has to be fair to all. Since you are new to the company - it may sound a bit rigid to you - but do not feel disappointed. At least you are lucky to be in a job, where as there are millions including me without one.
( Lastly, please do not go with my maths I am very poor in it :0) .. :-)

catzooo

Some people have already booked holidays months ago, so some of the availavle dates later in the year were alredy taken.

The problem came to light a week ago, we were all advised to get in our holiday booking forms and were given a list of available dates. These were quickly filled, and now not even a single day is available.
It is a call centre, we all do exactly the same job. And it is always busy.
Our manager has spoken to his manager about this, asking if another person could be off per day, this was declined.

And yes, I do feel lucky to have found this job, Apart from this, it is a great job, great people to work with.

nimbo

tosyn wrote: »

4.5 months = roughly 135 days = 135 x 2 = 270 individual leave days
40 people in the department means they can have 270 / 40 = 6.75 equal share days.

You will atleast have 7 days (ingoring public holidays) is way better than 0 days - but you need to sit with HR / your manager and make sure the leave scheduling system is admistered fairly based on a formula. Some people would have already booked their holidays months/years in advance, so the policy has to be fair to all. Since you are new to the company - it may sound a bit rigid to you - but do not feel disappointed. At least you are lucky to be in a job, where as there are millions including me without one.
( Lastly, please do not go with my maths I am very poor in it :0) .. :-)

but surely that would only be fair if they had the same amount left to be booked, and how would it work with people who have lots booked in from this point forward....

jobbingmusician

Sounds like one for ACAS, who generally recommend that you raise a grievance if you are prevented from taking holiday by the employer. Quote 'If you would like further information on the legal requirements surrounding holiday entitlements you can call the Acas Helpline on 08457 47 47 47 for free and impartial advice.'

You may also like to see http://www.thisismoney.co.uk/money/experts/article-1689780/Can-the-boss-stop-me-from-taking-leave.html

From businesslink: http://www.businesslink.gov.uk/bdotg/action/detail?itemId=1081597944&type=RESOURCES
You should also note that it's unlawful to prevent a worker taking their statutory paid holiday entitlement. Therefore you may have to allow a worker's annual leave request right at the end of the leave year to ensure that they have taken their full entitlement of 5.6 weeks.

themull1

I always thought if an employer wouldnt let you take entitled leave that they had to pay you for the days you couldnt take, or let them be carried over to the next year.

themull1

make sure you book your whole entitlement immediately next year!

tosyn

nimbo wrote: »

but surely that would only be fair if they had the same amount left to be booked, and how would it work with people who have lots booked in from this point forward....

Correct. You hit the nail on one important economic assumption - every one is left with same amount. That is surely not the case here.

However, catzooo now has something to work on because he/she deserves atleast 6/7 days based on the holiday policy and it is her/his entitlement - that is my point.

marybelle01

themull1 wrote: »

I always thought if an employer wouldnt let you take entitled leave that they had to pay you for the days you couldnt take, or let them be carried over to the next year.

I think that only applies to contractual holiday over and above the statutory leave entitlement, and only if the contract permits this. Taking your statutory holiday is an absolute right, and an employer cannot operate in such a way as to refuse you the right to take your entitlement. They can dictate when you can and can't take it, but not that it cannot be taken at all. Of course the theory is nice, but given that the OP can be dismissed rather easily, then it isn't quite that simple. But the first step would have to be a grievance if the OP wants to have their holiday - it's the employers problem to sort out how everyone gets their holiday.

WestonDave

Copied from Business link which is the govts advice to employers -
"You should also note that it's unlawful to prevent a worker taking their statutory paid holiday entitlement. Therefore you may have to allow a worker's annual leave request right at the end of the leave year to ensure that they have taken their full entitlement of 5.6 weeks." http://www.businesslink.gov.uk/bdotg/action/detail?itemId=1081597944&type=RESOURCES

Basically what they are doing is unlawful - they are allowed to restrict when you take holiday to cover operational requirements but only to the extent that it doesn't prevent you taking the statutory minimum during the year.

WestonDave

Oh and to clarify before anyone goes off on the wrong track the 5.6 weeks includes bank holidays - the law talks about 28 days in total, not in addition to bank/public holidays!