Holidays/Holiday pay advice?

tripled

falko89 wrote: »

As some will know I started a new job last month, love the job, love the company, but as always there is always one fly in the ointment.

I spoke to ACAS who told me to put all in writing because there is a good change I could get sacked for stiring the pot and at least I would have a paper trail which could be used to argue unfair dissmissal.

You can argue what you want, it wouldn't get you anywhere as in most cases you can't claim unfair dismissal until you've been in a role for two years.

https://www.gov.uk/dismissal/what-to-do-if-youre-dismissed

Just ask the employer when is convenient from them for you to use your holiday up, and take it from there.

Undervalued

tripled wrote: »

You can argue what you want, it wouldn't get you anywhere as in most cases you can't claim unfair dismissal until you've been in a role for two years.

https://www.gov.uk/dismissal/what-to-do-if-youre-dismissed

Just ask the employer when is convenient from them for you to use your holiday up, and take it from there.

Quite!

OP, unless your contract says otherwise your employer can totally dictate when you can and cannot take your holiday. Your only legal right is to a minimum of 28 days paid annual leave. There is nothing special in employment law about bank holidays, even Christmas Day!

getmore4less

Being dismised for trying to enforse a statutory rights can be taken to a tribunal with less than two years.

falko89

Right OK. Given that there are no more scheduled holidays until 2 says at Christmas and my holidays have to be used by the end of the year what way does this work? And what about the eu directive? Thus far they have only given bank holidays this year so about 5 days, and they did the same last year. My colleagues are under the impression they have all last year's holidays to take as well

Undervalued

getmore4less wrote: »

Being dismised for trying to enforse a statutory rights can be taken to a tribunal with less than two years.

Yes, but the only statutory right is to 28 days holiday. Unless the employer makes it impossible for the OP to take the holiday before the end of the holiday year (which he won't know for certain until time runs out) this is irrelevant.

In any case with less than two years service he can be dismissed for no reason at all (and has no right to be given a reason) so it would be a pretty stupid employer who leaves evidence that would allow a claim.

Even if they did and the OP took them to a tribunal and won just how long do you think they would remain an employee?

OP, if you don't like it resign. If they then don't allow you to take the holiday during your notice period or pay you for it after you leave (their choice) THEN you have a valid claim.

Anything else is just so much hot air!

~Beanie~

falko89 wrote: »

Right OK. Given that there are no more scheduled holidays until 2 says at Christmas and my holidays have to be used by the end of the year what way does this work? And what about the eu directive? Thus far they have only given bank holidays this year so about 5 days, and they did the same last year. My colleagues are under the impression they have all last year's holidays to take as well

Just ask your employers when you can take them, its not difficult! Say to them that you are entitled to 28 days, that you have x amount of days remaining for this year and that you would like to know when you can have them.

Hill53

Are they offering some compensation, if you are not taking all the days that you are entitled to?

macca1974

would agree with what has been said. Say to your boss something along the lines of "i've got 13 days holiday to take before the end of the year, I appreciate we can't have any more than two at christmas, therefore can I have a week off a week off in October and one in November (or whatever you want)"...if they say no then ask when you can use your holiday entitlement and see what happens. If they say you can't use your entitlement, then decide what you want to do re keeping the job etc.

falko89

Ok thanks for the help. I will report back the outcome

getmore4less

If it comes to resignation make sure you resign in time to have the last day before the end of the holiday year.

Or to make your point so you get the two weeks you want off a bit earlier.

That way they have to pay the holiday accrued if they don't suddenly make you take it.

Push for the time off and get the others engaged to get their PAID holidays.