Being Treated Unfairly by my Employer. Need help!

Xuiryus

Hi folks, my job has been nothing but a nightmare since I started last may. Every request I make is a battle and every holiday I try to take is contested and complained about.

My employer put out an email at the start of the year saying that all holidays now need to be booked 6 months in advanced. This is just a line manager not someone who operates a big part of the company. They shouldn't be able to do this right?

I had put in a holiday for this weekend (01/03/13-03/03/13) which was denied due to lack of cover and when I questioned that I had to take them before the end of March I was told they would pass over to next year. When I told my supervisor I would be asking HR about the holiday procedures he told me he had already arranged to have me paid for my remaining holiday days rather than have them! Surely this is against my statutory working rights?

Where do I stand with this guy? I really need help here.

coinxoperated

I think your employer can dictate when you take your leave, but I'm not sure about how much of a good idea making people give 6 months leave notice. The requests would all fall at around the same times and it's just not necessary. They will also drastically increase their sick costs, because you physically can't do a job for 6 months without a proper break and recover from any illnesses you get at the same time. By the end of the 6 months inbetween leave requests, people will be exhausted for their leave and will just be worst workers. It'll backfire for them anyway.

I don't know how long you have been there, so it's hard to give advice based on the law. But if it's for just a short period of time, bare in mind they can sack you without reason or explanation. That might be the difference between making a stink about it and losing your job.

Personally, I would keep my head down as everyone else will be moaning about it and just apply for every other job you can. They sound like they are making silly decisions. A company is built on the people who support it. If you lose too many supports, ya sink!

Funky_Bold_Ribena

Xuiryus wrote: »

Hi folks, my job has been nothing but a nightmare since I started last may. Every request I make is a battle and every holiday I try to take is contested and complained about.

My employer put out an email at the start of the year saying that all holidays now need to be booked 6 months in advanced. This is just a line manager not someone who operates a big part of the company. They shouldn't be able to do this right?

I had put in a holiday for this weekend (01/03/13-03/03/13) which was denied due to lack of cover and when I questioned that I had to take them before the end of March I was told they would pass over to next year. When I told my supervisor I would be asking HR about the holiday procedures he told me he had already arranged to have me paid for my remaining holiday days rather than have them! Surely this is against my statutory working rights?

Where do I stand with this guy? I really need help here.

They aren't legally allowed to do that, I believe that a max of 1.6 weeks is allowed to be carried over and none are allowed to be paid for.

ERICS_MUM

what do your contract and staff handbook say about booking/taking/carrying over annual leave ?

Xuiryus

I've been with my employer roughly 10 months now. My probationary period was the first 6 months. My current line manager has just left his job and my supervisor is filling in for him. My supervisor is the one who rejected my holidays and told me they would carry over and has now informed me that I'll get paid for my holidays instead of actually being able to take them.

My contract says nothing about holidays being carried over and I was never issued with a company handbook.

AP007

you can not be made to take pay for the untaken holiday - you must be allowed to take them.

CFC

You do not necessarily get to take any untaken holiday, especially if the company have offered you the option to take them previously at times when you did not want to, or had the availability. In my company you would be looking at losing those holidays, as you are asking so late for holiday. I think you are right to speak to HR to find out what the company policy is.

Funky_Bold_Ribena

Xuiryus wrote: »

I've been with my employer roughly 10 months now. My probationary period was the first 6 months. My current line manager has just left his job and my supervisor is filling in for him. My supervisor is the one who rejected my holidays and told me they would carry over and has now informed me that I'll get paid for my holidays instead of actually being able to take them.

My contract says nothing about holidays being carried over and I was never issued with a company handbook.

Have you actually requested to take the leave? If not...

I'd do it now, and if it is rejected, then go to HR and ask what the procedure is to take your leave, and if they tell you that they will pay you, say 'that's great, but I thought that was illegal now?'

WestonDave

They need to be careful that you are allowed to take the statutory minimum amount of holidays (28 days for a full time worker - this includes bank holidays). Failure to allow this could put them in breach of working time regulations. They are allowed to direct when you take your holiday but they have to allow you space and time to take the minimum amount (if you get more than 28 days inclusive of bank holidays then they can allow/force you to carry the extra over).

However on 10 months you are on difficult ground and it may be better to get someone who has statutory employment rights to take the lead in getting this sorted out. The other alternative is to grass on them to HMRC who I beleive enforce working time regulations.

steampowered

You won't have unfair dismissal rights until May 2014, which means your employer can dismiss you at any time for any non-discriminatory reason. Bear this mind when negotiating, it sounds like the current supervisor will soon be replaced anyway.

flashnazia

steampowered wrote: »

You won't have unfair dismissal rights until May 2014, which means your employer can dismiss you at any time for any non-discriminatory reason. Bear this mind when negotiating, it sounds like the current supervisor will soon be replaced anyway.

If you are dismissed for asking for holiday you don't needs 2 years' service to complain to employment tribunal.