Unused Holiday Confusion

nostrils

Hi all, long time lurker but thought I'd finally sign up because I need some advice.


Basically, where I work, the holiday year runs from 1st January through to 31st December.


On the 30th of December this year just gone, I found out that I had about 20 hours of unused holiday left about to go to waste.


I know I should keep track of my hours, but to get out manager to disclose our holiday allowance, is like trying to get blood out of a stone lol.


Anyway I queried this, and was told by my supervisor: "You have to book it all, or you lose it".


Anyhow, I looked in my contract under the holiday section where I found the following...


"You will not be entitled to receive pay in lieu of any accrued but unused holiday entitlement at the end of the holiday year. Only in exceptional circumstances, where the Company requests and you agree, can any accrued but unused holiday be carried forward into the next holiday year. Prior authorisation must be obtained in writing."


Can anyone explain this to me? Especially this part: Only in exceptional circumstances, where the Company requests and you agree.


This suggests to me that the Company is responsible for ensuring that all holiday is taken, even if that happens to be at a later date. I may be completely wrong but I would just like the wording to be clarified.


Thanks in advance.

Southend1

nostrils wrote: »

Hi all, long time lurker but thought I'd finally sign up because I need some advice.


Basically, where I work, the holiday year runs from 1st January through to 31st December.


On the 30th of December this year just gone, I found out that I had about 20 hours of unused holiday left about to go to waste.


I know I should keep track of my hours, but to get out manager to disclose our holiday allowance, is like trying to get blood out of a stone lol.


Anyway I queried this, and was told by my supervisor: "You have to book it all, or you lose it".


Anyhow, I looked in my contract under the holiday section where I found the following...


"You will not be entitled to receive pay in lieu of any accrued but unused holiday entitlement at the end of the holiday year. Only in exceptional circumstances, where the Company requests and you agree, can any accrued but unused holiday be carried forward into the next holiday year. Prior authorisation must be obtained in writing."


Can anyone explain this to me? Especially this part: Only in exceptional circumstances, where the Company requests and you agree.


This suggests to me that the Company is responsible for ensuring that all holiday is taken, even if that happens to be at a later date. I may be completely wrong but I would just like the wording to be clarified.


Thanks in advance.

You're wrong. It means if they ask you to carry forward some holiday and you agree then it can be carried forward. Otherwise use it or lose it. How hard is it to keep track of your own holiday anyway?

Sorry if that sounds harsh.

The answer is probably to grovel/negotiate with your manager and see if that gets you anywhere.

AP007

As long as they have allowed you to take holiday and you have just not bothered to keep a check or it and or take it they are in their rights not to let you carry it over.

If you have tried to take it but due to business needs couldn't they should have agreed to let you carry it over.

I think however you are going to lose it.

agrinnall

You say that it's difficult to get your manager to disclose your holiday allowance. Can you explain what you mean? Do you work variable hours which means that your holiday allowance is not fixed, and therefore you need your manager to tell you how much holiday you have accrued for the number of hours worked? If so, and that hasn't happened, then I'd say you have a good case to argue that the un-taken holiday should be carried over, and that a proper advisory process should be put in place.

nostrils

Thanks for the responses, very insightful.


Its a bit annoying though that every staff member apart from me, had the Christmas day and Boxing day bank holidays taken out of their remaining holiday allowance without even requesting it.


Subsequently they all worked just three days over Christmas week, whereas I worked 5 and lost out on any remaining holiday. This can't be due to a staffing issue as we have loads of part timers.

nostrils

agrinnall wrote: »

You say that it's difficult to get your manager to disclose your holiday allowance. Can you explain what you mean?

He has to log on to his HR system to find out what we have left.


I went from part time, to full time hours this year and holiday taken this year has been a bit...piecemeal, I accept though, that I should pay more attention to this in future.


Thanks.

Torry_Quine

nostrils wrote: »

Thanks for the responses, very insightful.


Its a bit annoying though that every staff member apart from me, had the Christmas day and Boxing day bank holidays taken out of their remaining holiday allowance without even requesting it.


Subsequently they all worked just three days over Christmas week, whereas I worked 5 and lost out on any remaining holiday. This can't be due to a staffing issue as we have loads of part timers.

You didn't lose anything as the two days will still be part of your holiday allowance. If the others were off on a normal working day then it's normal for those days to come out of their holiday allowance.

It's up to you to request your holidays and unless you are entited to more than the statuary amount then they can't be carried forward.

getmore4less

if the boss can't be A*** to check just put holiday requests in and he has to check if you have enough.

Make sure you put a big one in around the end of the holiday year, if they refuse it is a carry over under the contractual .

paddedjohn

getmore4less wrote: »

if the boss can't be A*** to check just put holiday requests in and he has to check if you have enough.

Make sure you put a big one in around the end of the holiday year, if they refuse it is a carry over under the contractual .[/QUOTE]


If as I suspect you are on minimum entitlement then you can only carry over a maximum of 1.6 weeks holiday with the agreement of your employer.

pinkshoes

nostrils wrote: »

Thanks for the responses, very insightful.


Its a bit annoying though that every staff member apart from me, had the Christmas day and Boxing day bank holidays taken out of their remaining holiday allowance without even requesting it.


Subsequently they all worked just three days over Christmas week, whereas I worked 5 and lost out on any remaining holiday. This can't be due to a staffing issue as we have loads of part timers.

Are you saying you requested to take Christmas and Boxing day as holiday but were refused, so had to work them?

If this is the case, and you weren't able to use the holiday on other days, then request an extension!