Denying annual leave requests

Sitbh

I'm having an issue with my employer who is denying my annual leave requests. We are contracted to have 20 days of leave (+8 bank holidays) and required to take half in the first 6 months of the holiday year, and half in the last 6 months. I have not been able to taken half my leave in the first 6 months. I am looking at taking more holiday before the leave year is over (Apr-Apr) but unfortunately my requests are being denied.

The reason given is that there is potential work coming in from Feb to Apr that requires me. They will let me carry some holiday over to the next holiday year, but have not specified how much. I realise they have the legal power to tell me when to take my holiday (or not to, in this case) but what is the recourse here?

I obviously want to take my holiday. In one example, I have requests the end of March off (2.5 months away) and have been declined. I pushed them and have been given the option to "see how it is nearer the time" if I really want it off, but this makes it impossible to book or organise anything.

Other than find a new employer, is there anything I can do in this situation?? Help is much appreciated. Thanks!

Xbigman

You need to ask them when holidays are available to you. If you keep asking for specific dates they can just keep refusing. Put the onus on them to give you a date and then take it.
If they want to be clever they could give you every Monday off for months at a time and you'd be stuck. It would however indicate just what value they place on you.



Darren

FBaby

You are entitled to the leave, but not when you take it. If their policy is clear that you have to take half the first half and the rest the second and you haven't done that, then you are not helping your case, unless you were denied dates then too.

It sounds like they want you to take the leave now, and they can do that. Is it an option for you? How long are you wishing to take? If two weeks, would they accept you taking one week now and one week after Feb? Your best chance will be through compromising.

getmore4less

The max they can let you legally carry over is 8 days(1.6 weeks).

Get it is writing with any terms for taking them, like must be taken within 3 months or thye must also be split 50:50 across the year, Also insist on a term that they will pay them if you leave for any reason.


As Xbigman says best to put the onus back on them, I have X amount of holidays to take by end March please tell me when I can take them so you meet YOUR legal obligation to paid holidays.

any company refusing holidays in anticipation of work should be allocating them before the work starts if they have any sense.

agrinnall

If the requirement to take half in the first 6 months is contractual then it works both ways: they have to let you take it during that time. Employment law says that they have to let you take the whole year's entitlement but contract law says they have to let you take it when the contract specifies, although you'd have to go to court to enforce that rather than an employment tribunal.

Xbigman

I've re read your OP. You also need to realise that they are not letting you carry holidays over. They are telling you to. As already pointed out, that is against your contract of employment.

Have you tried asking for the next few weeks off? If they think work is about to arrive then taking the holidays now might be sensible.



Darren

cmthephoenix

getmore4less wrote: »

The max they can let you legally carry over is 8 days(1.6 weeks).

.

That's interesting - where is that enshrined and can it be overridden by anything?


We used to be allowed to carry over anything we liked and accumulate the holiday over years and I still have around 200 days of allowance locked away from this (30 year employment)


We're now 'only' allowed to carry across 28 days accrued holiday (for 30 years service) + ph. As a result I take 2 weeks actual holiday during the year and then take more or less the whole of December off doing nothing so that I never take across more than 28 days accrued. However from the above statement this would appear to be illegal?

getmore4less

getmore4less wrote: »

The max they can let you legally carry over is 8 days(1.6 weeks).

that was in the context of the OP and their holidays 28 days.

cmthephoenix wrote: »

That's interesting - where is that enshrined and can it be overridden by anything?


We used to be allowed to carry over anything we liked and accumulate the holiday over years and I still have around 200 days of allowance locked away from this (30 year employment)


We're now 'only' allowed to carry across 28 days accrued holiday (for 30 years service) + ph. As a result I take 2 weeks actual holiday during the year and then take more or less the whole of December off doing nothing so that I never take across more than 28 days accrued. However from the above statement this would appear to be illegal?

The actual legislation is you must take 4 weeks(20 days) paid leave, 1.6weeks(8 days) of the statutory 5.6 weeks can be carried over and the rest the company can have any rules they like eg. use or loose.


the legislation is in the "working time regulations" before those there was no legal right(for most) to paid holidays.

System

The UK doesn't use the EU WTD, rather the UK uses the Working Time Regulations, which incorporate the EU Working Time Directive in order to be compliant with EU law, but mandates an additional 1.6 weeks over the 4 week minimum of the EU WTD. The Working Time Regulations are clear, you are entitled to 28 days pro rata. To not allow you to take that 28 days pro-rata is to be breaking the law. Whilst they can dictate when you take the 5.6 weeks they cannot dictate that you roll over any to the following year, that is a decision only you can take and even then you are only allowed to roll over 1.6 weeks in order for the UK WTR to be compliant with the EU WTD due to the fact the EU Working Time Directive mandates 4 weeks minimum paid leave and the WTD states that it cannot be rolled over.

getmore4less

Tarambor wrote: »

The UK doesn't use the EU WTD, rather the UK uses the Working Time Regulations, which incorporate the EU Working Time Directive in order to be compliant with EU law, but mandates an additional 1.6 weeks over the 4 week minimum of the EU WTD. The Working Time Regulations are clear, you are entitled to 28 days pro rata. To not allow you to take that 28 days pro-rata is to be breaking the law. Whilst they can dictate when you take the 5.6 weeks they cannot dictate that you roll over any to the following year, that is a decision only you can take and even then you are only allowed to roll over 1.6 weeks in order for the UK WTR to be compliant with the EU WTD due to the fact the EU Working Time Directive mandates 4 weeks minimum paid leave and the WTD states that it cannot be rolled over.

http://www.legislation.gov.uk/uksi/2007/2079/regulation/2/made

allows for the employer to put in place contractual aggreements to carry over the extra holidays.

paddedjohn

The 1.6 weeks can only be carried over with the agreement of both parties, it can't be forced upon you by the employer and similarly can't be done on a whim by the employee.