We’d like to remind Forumites to please avoid political debate on the Forum.

This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

can employers specify when parts of holiday entitlement can be taken?

i employ a PA. she receives 28 days a year holiday entitlement.
i go away for a week ( so 5 working days) 2 or 3 times a year. i pay my PA for this time. she then takes her 28 annual leave entitlement.
am i allowed to insist that some of the time i am away is covered by her annual leave?

i only ask because some businesses have summer 'shutdowns' and employees have to use some of their annual leave entitlement to cover this
«1345678

Comments

  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    You can dictate when ALL the holidays are taken.
  • I believe you would be within your rights to do so. But wonder if you would need to write up a new contract of employment to make what you are doing legal.

    Your PA would then have to agree to this new contract. Legal advice on employment law is what you really need.
  • Valli
    Valli Posts: 25,578 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    https://www.gov.uk/holiday-entitlement-rights/booking-time-off-

    You can specify when leave can be taken; you can refuse a request for leave if it 'is a busy period' so yes you can.
    Don't put it DOWN; put it AWAY
    "I would like more sisters, that the taking out of one, might not leave such stillness" Emily Dickinson
    :heart:Janice 1964-2016:heart:

    Thank you Honey Bear
  • I believe you would be within your rights to do so. But wonder if you would need to write up a new contract of employment to make what you are doing legal.

    Your PA would then have to agree to this new contract. Legal advice on employment law is what you really need.
    No agreement is required for telling an employee when holiday is to be taken.
    Don't trust a forum for advice. Get proper paid advice. Any advice given should always be checked
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    Unless the current contract removes the statutory provisions no need for a new contract.
  • nannytone_2
    nannytone_2 Posts: 13,002 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    this is the scary bit .... we don't actually have a contract!
    its my friends daughter and she has worked for me for 3 years.
    i was adding up her holiday for last year, because she wants good friday off.
    she has already gone over her holiday entitlement for this year, but if you add in the working days when she didn't work because i was away ... she has had 51 paid holiday days this tax year !
  • Valli
    Valli Posts: 25,578 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    A contract does not need to be written down - the gov.uk link I posted might be a useful first step as there is lots of advice there.

    You employ her therefore you set the terms of the contract; if she wishes to take days over and above her holiday entitlement you could allow her to take them as unpaid leave.
    Don't put it DOWN; put it AWAY
    "I would like more sisters, that the taking out of one, might not leave such stillness" Emily Dickinson
    :heart:Janice 1964-2016:heart:

    Thank you Honey Bear
  • ohreally
    ohreally Posts: 7,525 Forumite
    1,000 Posts Combo Breaker
    She may argue the existing arrangements are customary.

    You may also sour an otherwise good relationship if you start to enforce some/ all holiday dates. Entirely different if this had been done from day one.
    Don’t be a can’t, be a can.
  • nannytone wrote: »
    this is the scary bit .... we don't actually have a contract!
    its my friends daughter and she has worked for me for 3 years.
    i was adding up her holiday for last year, because she wants good friday off.
    she has already gone over her holiday entitlement for this year, but if you add in the working days when she didn't work because i was away ... she has had 51 paid holiday days this tax year !
    You are an employer, you need to get yourself up to scratch on your responsibilities for this.

    The problem with doing things half arsed is that as ohreally points out trying to get them back to a sense of normality often causes issues.

    If you're going to stir the waters then get everything sorted in one go!
    Don't trust a forum for advice. Get proper paid advice. Any advice given should always be checked
  • nannytone_2
    nannytone_2 Posts: 13,002 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    it just shocked me when i realised that i was paying her for 10 weeks of not working!
    she gets 5 weeks and i just want for her to take 2 of them while i am away visiting friends and family.
    i feel a bit mean though.
    she annoyed me today. she sent a text saying that she'd BOOKED a holiday this morning and would it be OK ( like i can say no when she's already booked it) she's going the day after i come back from visiting my parents, so it means i am going to be 3 weeks without a PA ( i am blind, so i really need her)
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 352.1K Banking & Borrowing
  • 253.5K Reduce Debt & Boost Income
  • 454.2K Spending & Discounts
  • 245.1K Work, Benefits & Business
  • 600.7K Mortgages, Homes & Bills
  • 177.5K Life & Family
  • 258.9K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.1K Discuss & Feedback
  • 37.6K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.