Employer not allowing holiday to be taken - now lose it all

bell123321

Hi,

Wondering if any of you guys know if this is legal?

My husband started a new job first week in October. He was told he can not take holiday for the first three months of starting which was fine. In January he had accrued holiday and booked time off in March. He handed this to his line manager. After a couple of weeks he asked if it was all fine and got told that his manager had lost it and had given the time off to another employee.

He was told in January he had to take all his holiday before the end of March or lose it all. His tried on several occasions even asking for any time off whenever to be told that they can not allow him to have time off due to the business needs (they have not re-hired other staff even though they are busy and his been doing 60 hour working weeks).

His now been left with 10 days holiday that his unable to take, also been told they can't pay it to him unless he has three days off a week then they can put 1 day through as holiday (His been working 6 day weeks due to them putting him in for that amount of days). His also told he can not carry it over, and he wont get paid for any holiday not taken.

His contract says that any untaken holiday will be lost however this is beyond his control as he keeps trying to book time off and even said he doesn't mind when, but keeps being told they can't let him have the time off as they are to busy and short staffed.

Is there anything he can do or do we have to accept his lost 10 days worth of holiday/holiday pay which was not his fault.

Thank you for reading

Charlotte17

Why did he wait weeks for the confirmation that the holiday had been agreed?

Voyager2002

Well, he has a legal right to a certain amount of holiday, and of course he can expect his employer to honour the contract. They are effectively denying him this. If he were to take them to a tribunal he would surely win, but then it would be difficult for him to continue working there.

bell123321

Charlotte17 wrote: »

Why did he wait weeks for the confirmation that the holiday had been agreed?

Because he was told the holiday should be fine and he would get told if it was not. I nagged him just to get it 100% confirmed that's when one of the managers said they had lost his form and given his holiday to someone else. We assumed he had it as he was told originally it would be fine.

bell123321

Voyager2002 wrote: »

Well, he has a legal right to a certain amount of holiday, and of course he can expect his employer to honour the contract. They are effectively denying him this. If he were to take them to a tribunal he would surely win, but then it would be difficult for him to continue working there.

Cheers yeah agree it would be difficult and he probably would have his hours cut if he took them to a tribunal. I was wondering if it would be worth him speaking to head office about it.

Silly thing is they said if anyone quits they get paid all their outstanding holiday.

Charlotte17

bell123321 wrote: »

Cheers yeah agree it would be difficult and he probably would have his hours cut if he took them to a tribunal. I was wondering if it would be worth him speaking to head office about it.

Silly thing is they said if anyone quits they get paid all their outstanding holiday.

You do not have to take anyone to a tribunal. Put in a grievance

http://www.acas.org.uk/?articleid=1670

[Deleted User]

bell123321 wrote: »

Silly thing is they said if anyone quits they get paid all their outstanding holiday.

This is why they are so difficult

Find another job, sorry, easiest way if can do without the overtime - don't do grievance raise first as an informal matter with HR or whoever looks after Personnel

Can I imagine this is going to be one harsh company to be working for, who will likely say most actions relating to holidays are in "joke fashion" if you do the above, while there maybe a chance all can come good

Also show them this if can
https://www.gov.uk/holiday-entitlement-rights/booking-time-off-

getmore4less

bell123321 wrote: »

Hi,

Wondering if any of you guys know if this is legal?

My husband started a new job first week in October. He was told he can not take holiday for the first three months of starting which was fine.

how do they make that work for people that start in the last three months of the holiday year?

So they are too busy for him to take holidays but there is a chance they will cut his hours if he resigns.

What sort of contract, does it not have minimum hours per week.

He should also point out that there is a good chance that all this overtime now qualifies for holiday after recent cases.

Local management need to be put straight by higher ups but I don't think this will end well.

Any place that can't do holidays reasonably will have other issues.

What is his notice and what is the holiday year, it may already be too late to resign and get the holiday paid.

ohreally

Join a union and encourage rest of employees to do same.

bell123321

getmore4less wrote: »

how do they make that work for people that start in the last three months of the holiday year?

So they are too busy for him to take holidays but there is a chance they will cut his hours if he resigns.

What sort of contract, does it not have minimum hours per week.

He should also point out that there is a good chance that all this overtime now qualifies for holiday after recent cases.

Local management need to be put straight by higher ups but I don't think this will end well.

Any place that can't do holidays reasonably will have other issues.

What is his notice and what is the holiday year, it may already be too late to resign and get the holiday paid.

Its a big chain pub, unfortunately he is on a 0 hour contact and his holiday is accumulated with a restriction on taking holiday first three months and over Christmas. The notice period is one week. The holiday year finishes in April.

Thanks everyone for their input, its up to him if he leaves but ideally if he did he needs a job lined up to go to. I was just curious if there was anyway we could make them pay it as they have refused to grant the holidays his requested, and its been beyond his control why he has so much holiday left.

getmore4less

It's not because the are running a beer festival?

If a proper zero hours he should be able to turn down shifts and get paid the holiday

Most of the pub chains are always looking for staff they can't keep them,

Go over the local management.