Holiday Entitlement

pollyanna24

For various reasons, I have not had any time off work this year. I am entitled to 12 days holiday as I work part time.

Part of the reason why I haven’t had holiday is that my boss is extremely busy at the moment and would find it hard to get cover for the times I have off. If I have needed a day off, I have generally swapped days with another person who works part time for the firm.

There is nothing in my contract that says I will get paid for any holiday I do not take, but was just wondering if people thought it would be a reasonable request close to the time when my holidays are due to “expire?” I could just take two weeks in September for example, just for the sake of it, but I know this would really put my boss in a fix with him scrabbling around for cover. How would other people approach this?

pollyanna24

Hmm, just found something interesting on the net. It says statutory holiday is 5.6 weeks a year, or pro rata if you work part time.

I work three days a week (contracted - I do some overtime), so this would mean I'm entitled to 16.8 days of holiday instead of 12. Another thing to try and approach with the boss.

getmore4less

That includes BH.

If he has insufficient workers to cover the holidays that his problem he is just creating a problem if he has everyone not taking holidays the problem gets worse.

if you open 52 weeks a year and need say 5 people then thats 5*52 weeks but each person only works 46.4weeks so you need an extra 0.6 of a person to cover the holidays.

sugest he gets people doing overtime at time and 1/2 as the business is so busy.
(he doed not have to pay it but)

pollyanna24

But I am entitled to more holidays, say 16.8, so should ask for them at least?

I do get paid Bank Holidays if my working days falls on them, but this only really applies to Christmas and New Year as I work Tues-Thurs (and generally work Monday bank holidays as overtime - and he only pays my normal hourly rage, no extra).

I don't mind not taking the holidays, would like the cash to be honest, and he'd rather me work rather than the other girls as I'm the more permanent secretary, so might ask him to review my contract as it has my old days on it (used to work Mon-Wed, but changed to suit him) and my lower wage before I got a raise.

Undervalued

pollyanna24 wrote: »

But I am entitled to more holidays, say 16.8, so should ask for them at least?

I do get paid Bank Holidays if my working days falls on them, but this only really applies to Christmas and New Year as I work Tues-Thurs (and generally work Monday bank holidays as overtime - and he only pays my normal hourly rage, no extra).

I don't mind not taking the holidays, would like the cash to be honest, and he'd rather me work rather than the other girls as I'm the more permanent secretary, so might ask him to review my contract as it has my old days on it (used to work Mon-Wed, but changed to suit him) and my lower wage before I got a raise.

By law you have to receive at least the statutory minimum holiday of 5.6 weeks / 28 days (obviously pro rata if you work part time). It is not lawful to pay you in lieu of this except for any untaken holiday if you leave your job.

An employer can, with very few restrictions, tell you when you must take your holiday but they do have to let you take it.

In employment law there is nothing special about bank holidays. People often think of the full time entitlement (28 days) as four weeks plus the bank holidays. Whilst that may frequently be how it works out it doesn't have to. Some jobs need all their staff working on bank holidays as it is their busiest time.

pollyanna24

Undervalued wrote: »

By law you have to receive at least the statutory minimum holiday of 5.6 weeks / 28 days (obviously pro rata if you work part time). It is not lawful to pay you in lieu of this except for any untaken holiday if you leave your job.

An employer can, with very few restrictions, tell you when you must take your holiday but they do have to let you take it.

In employment law there is nothing special about bank holidays. People often think of the full time entitlement (28 days) as four weeks plus the bank holidays. Whilst that may frequently be how it works out it doesn't have to. Some jobs need all their staff working on bank holidays as it is their busiest time.

Thank you very much for your post.

I've now written down Christmas, Boxing and New Year's Day as holiday (my holiday goes from November-November), and so I have taken a total of 5 days with 11 left (going on getting 16 a year).

I might still talk to my boss about paying the untaken holidays as I know he would much rather me work than take them off. If he says no, then I will just take almost four weeks off between now and November I guess.

Savvy_Sue

I'd have a discussion sooner rather than later about how you can take your holidays. It's all very well for him to be 'too busy' to let you take leave, but doesn't he ever take holiday? So why shouldn't you?

specialboy

16.8 days can be rounded up but not down so its possibly 17 days but not 16. You can (with agreement from your employer) carry over upto 1.6 weeks holiday to next year (not really a good idea if you are already finding it difficult to take any now) but it is illegal for him to buy any holidays off ou although this does happen quite often by mutual agreement.

Savvy_Sue

pollyanna24 wrote: »

I know he would much rather me work than take them off. If he says no, then I will just take almost four weeks off between now and November I guess.

What's your boss going to do if you fall under a bus? Every business should have a contingency plan.

I'm not saying it's easy, but NO-ONE is indispensable, and it's better to find out how to cover for you during a period of planned leave rather than when something drastic happens. I'm almost indispensable, but when I smashed my shoulder to smithereens late one night I wasn't back in the office for 8 weeks - fortunately I could send an email and say "find one of the emails I send just before going on leave and you'll know what needs to be done."

pelirocco

pollyanna24 wrote: »

Thank you very much for your post.

I've now written down Christmas, Boxing and New Year's Day as holiday (my holiday goes from November-November), and so I have taken a total of 5 days with 11 left (going on getting 16 a year).

I might still talk to my boss about paying the untaken holidays as I know he would much rather me work than take them off. If he says no, then I will just take almost four weeks off between now and November I guess.

As another poser has said , you are not allowed to be paid for untaken holidays unless they are over the statutory minimum

getmore4less

IN practice you can be paid for untaken leave as there is no checking.

all the boss does is risk YOU kicking off about it, fairly low if you asked.

Anyway as a part timer there is a very easy way to do it totaly legaly.