Unused holidays

sangie595

aife wrote: »

I'm still struggling to understand this.
Are you saying the employer allocated them these days as A/L but they worked anyway / didn't know ?
Their pay shouldn't be any different , the point of paid leave is your wages stay the same so you can afford to recharge.
As others have said , it is fairly common practice for employers to insist people take their leave by a certain date or forfeit it , but again that shouldn't affect your wages

Agreed. As I said previously, I would expect deductions to be a result of overpayment. Or perhaps they were complaining about the fact that they expected to be paid for holidays untaken and (correctly) were not. Anyway, it is impossible to guess based on a half-heard conversation, nothing to do with the OP.

Batman_100

sangie595 wrote: »

Agreed. As I said previously, I would expect deductions to be a result of overpayment. Or perhaps they were complaining about the fact that they expected to be paid for holidays untaken and (correctly) were not. Anyway, it is impossible to guess based on a half-heard conversation, nothing to do with the OP.

Facts are still sketchie at this point. They may have just been complaining about no getting pay in leiu which I understand is illegal.

My main worry is the situation I could be in this time next year if some of my holiday entitlement is still unused at the end of the year.
I've still got no idea if I'll be taking a summer holiday next year and because our holiday year ends in October, I may end up with lots of holiday I'm unable to cram into the last few weeks of the leave year.

I'm just concerned that if I end up not taking holiday and go in to work as normal I'll be working for nothing. Surely it can't be legal for your employer to not pay you for a days work regardless of what happens regarding holidays?

sangie595

Batman_100 wrote: »

Facts are still sketchie at this point. They may have just been complaining about no getting pay in leiu which I understand is illegal.

My main worry is the situation I could be in this time next year if some of my holiday entitlement is still unused at the end of the year.
I've still got no idea if I'll be taking a summer holiday next year and because our holiday year ends in October, I may end up with lots of holiday I'm unable to cram into the last few weeks of the leave year.

I'm just concerned that if I end up not taking holiday and go in to work as normal I'll be working for nothing. Surely it can't be legal for your employer to not pay you for a days work regardless of what happens regarding holidays?

The position is very clear. You will not be paid for holiday unless you take it! If you do not take holiday then you will lose it (and the holiday pay). The only situation in which this does not happen is when your employment terminates, when you may be paid for untaken holiday (or forced to take it in your notice period). I know you think it is lecturing, but I am going to say it again - the law insists on this to FORCE employers to allow workers holidays because holidays are needed to keep workers healthy. That isn't a lecture, it is a fact - there is plenty of evidence to this fact, and evidence to show the sometimes dire outcomes of people overworking.

I honestly think you have misheard something or misunderstood something. Employers do not deduct a days pay as well as you losing the holiday. That would, as getmore4less says, not be lawful. But it is such an absurd thing for an employer to do that it makes no sense.

So the way to avoid anything happening to your holidays is to take them. That is the only way. Unless you want to quit. Which would obviously be equally absurd! You have a whole year to plan them out. And seriously, they are part of your "pay" - it is just as foolish not to take them as burning tenners. If you have been working hard and bringing in a wage, you deserve a holiday - perhaps even go on holiday!

But it really isn't a lecture. If you have been unemployed it may feel like you have had too much holiday right now. But not taking holiday can lead to stress - something that comes on without people knowing it. That can reduce your performance (more chance of getting dismissed or made redundant). It can also lead to physical health problems over prolonged periods - some of which can lead, eventually, to serious illness or death!

That isn't a lecture - it is concern. Work / life balance is something that human beings need. And if you don't have it, the consequences are serious. And that is why you won't find anyone (possibly even including your employer!) thinking that not taking holiday is clever. Taking holidays is not a weakness nor a sign you are lazy. You wouldn't not take your pay, so why would you not take your holiday!?

aife

Unless your employer has some weird novel system - that's not sarcasm , there are some dodgy employers out there- you do have to be paid for what you work.
the issue is getting paid for the days you don't work.
You need to make sure you book holidays in good time and not just leave it till the last minute . If you wait till the end of your year you don't really have a leg to stand on if you can't get what you want as presumably you have colleagues whose leave also has to be fitted in

getmore4less

Find out what has really happened

you taking your holidays is a side issue till next year

LMH67

Batman_100 wrote: »

My main worry is the situation I could be in this time next year if some of my holiday entitlement is still unused at the end of the year.

Concentrating on you for the moment and putting your colleagues issues to one side.

You are now aware of your holiday year - 1 November to 31 October. It is now your responsibility to double check your contract to check if it is 'use it or lose it', carry over or something else. Find out if there are any restrictions as to when you can't use your leave allowance and then plan accordingly. I have a slightly weird 1 August to 31 July holiday year and have to manage that.

There is absolutely no reason why, given that you are at the start of the holiday year, that you cannot have a plan in place to ensure you use your entitlement by the end of next October.

We are lucky where I work, you can pro-rata up to 5 days across to the next year as long as used within 3 months, but I have to say in almost 34 years of working (so you could say I'm old enough to be old fashioned), I have never, ever, not taken my full annual leave entitlement and there is no reason why you should not either.

As for your colleagues, it's probably best if they ask the questions themselves if they have issues with their pay.

Batman_100

Thank you. I think my question has been answered now regarding it not being lawful for employers to withhold pay in these circumstances. That's what I thought all along but I just wanted it confirming.

Some of my colleagues have requested a meeting with the HR manager about this so we'all have to wait for the outcome of that to get full details.

I am aware of the health and wellbeing benefits of taking regular holidays. I just do t like to think I'm being forced in to it and I've already explained why I'm sceptical about taking time off just for the sake of it.

It is slightly ironic we're discussing this on national stress awareness day.