Holiday Entitlement

coochy123

Hi all,

Just wondering if anyone can help me with this?!

I am currently working for a small family firm. I work full time and they allow me 20 days of holiday per year.

Every year, we are told to 'save' holiday days for Christmas time when they shut up for the week.

Are they allowed to decide when and what we use our holiday for? I'm confused because it's not my decision to close over Christmas therefore, I don't think I should forfeit my holiday?! I would quite happily work one or two days over the holiday period but they haven't given me a choice. Just said that they're closing and that I have to use my holiday for it. Surely, in that case, we should be offered 15 days holiday per year and then we'd just take Christmas off?!

No-one wants to really work over Christmas, I know that but I wonder if it should be my choice and not theirs.

Can anyone offer any advice?

Thanks

sweaty_betty

I sympathise, but unfortunately employers can make you take holiday when they like.

Do your 20 days include bank holidays? If not I have a feeling that you may be entitled to more holiday (5.6 weeks if I remember correctly)

Meadows

Yes if as a firm they close over the Christmas period and you are informed of this in advance then it is acceptable.
If they are a small company who would do no business over this period then it is not cost effective to stay open for the days between Christmas and the New Year.
You are hardly forfeiting holiday and I am sure this would have been explained to you when taking on the job or signing your T&C's
The most you would use is around three/four days (once in many years would it affect the whole week) as when the Bank Holidays falls on a weekend you get the following days off i.e Sunday & Monday for Christmas Day & Boxing Day would see you have the Monday & Tuesday off, then you would only need to use three days annual holiday for the remainder of the week. So your comment of only having 15 days through out the year and a week at Christmas would not necessarily work, and if this was your mind set then why is it any different to what happens now?
You have 365 to work out how many days you need over the next Christmas period and then know well in advance how many annual Holidays you have to use as you like!

http://www.direct.gov.uk/en/Employment/Employees/Timeoffandholidays/DG_10029788
The basics of holiday rights

There is a minimum right to paid holiday, but your employer may offer more than this. The main things you should know about holiday rights are that:

• you are entitled to a minimum of 5.6 weeks paid annual leave - 28 days for someone working five days a week (capped at a statutory maximum of 28 days for all working patterns)
• part-time workers are entitled to the same level of holiday pro rata (so 5.6 times your usual working week, eg 22.4 days for someone working four days a week)
• you start building up holiday as soon as you start work
• your employer can control when you take your holiday
• you get paid your normal pay for your holiday
• when you finish a job, you get paid for any holiday you have not taken
• bank and public holidays can be included in your minimum entitlement
• you continue to be entitled to your holiday

coochy123

Meadows wrote: »

So your comment of only having 15 days through out the year and a week at Christmas would not necessarily work, and if this was your mind set then why is it any different to what happens now?
You have 365 to work out how many days you need over the next Christmas period and then know well in advance how many annual Holidays you have to use as you like!

Because, they are choosing when I'm allowed to take my holiday and I don't agree with this - if they can by law, then I have no argument I suppose.

I work for a plumbing and heating firm - lack of work doesn't happen in the winter months.

I wasn't informed that I would need to 'save' my holiday when I took the job, it didn't happen last year. When I took the job I was originally covering maternity leave, which I didn't sign a contract for and have now been asked to stay on permanently. I don't actually have any contract in place outlining holiday entitlements and what it should and shouldn't be used for

Faith177

My mums place makes her do the same so I guess it is a legal option for them.

All her bank holidays have to be saved too from what I understand

coochy123

I guess it doesn't really affect me too much and I probably seem like I'm just moaning for the sake of it. I'm not, not at all.

I've just never known it before so thought I'd ask some advice.

kingfisherblue

Our local community centre and community nursery do this. They close down over the Christmas/New Year period and the staff use a few days holiday. In this case, it was a request from the staff to do this.

Meadows

coochy123 wrote: »

I guess it doesn't really affect me too much and I probably seem like I'm just moaning for the sake of it. I'm not, not at all.
I've just never known it before so thought I'd ask some advice.

Some firms have a no holiday stipulation, others have don't mind if you want to work or not (where my husband works, most but not all choose to have the festive week off, where my daughter works they can not book holiday over that period), others can ask you to save days, as long as you get your full entitlement then that is the main issue.

Can you ask to be put on call over that period? thus saving holiday entitlement (only issue there is that you could be called in to do an emergency job Christmas or Boxing Day )

If it hasn't happened before then are they setting new holiday rules or is it because this year the working week would only be 26/27 & 28th December?

McKneff

When I worked for the building trade I had to keep 7 days from my annual holiday because the closed down for 2 weeks so I had my 7 days, Christmas day, boxing day and New years day.

I loved it, 2 weeks holiday, no snow driving, no clearing frost from the windows on a winter morning, having a lie in under a lovely snug duvet, bliss.............

getmore4less

An employer can tell when you take all your holidays.

heretolearn_2

As others have said, yes, they can legally tell you when you can take your holidays.

I think a Christmas shut down is becoming increasingly common, especially among smaller firms. We do this as it's not cost effective for us to open up the whole office for the one or two people who'd prefer to work, and also our clients are generally not that available during that period anyway. so everyone has 2 or 3 days taken from their holiday allowance for this (the number of days depends on how the bank holidays fall, but it's never more than 3, so you aren't losing a whole week's allowance).

Working full time you should have 28 days - your 20 days plus the bank holidays. If they are also taking the bank holidays out of your 20 days allowance, then that is your issue. But if that's ok, then they are fine to say when you have to use some. For example, teachers are not allowed term time holidays.