Carrying holiday over after absence & statutory holiday, versus ccontracted hols

roofie71

My employers holiday year runs from 1st Jan to 31st Dec each year. My contract of employment states that I have 23 days holiday per year.
I was absent from work from August 2014 to January 2015. By the point were I went off sick in August '14, I had taken 9 days holiday in that year. I understand that employment law says that you can carry forward unused STATUTORY holiday to the next holiday year when you have been absent. From my calculations I should therefore have carried forward 11 days holiday to 2015 as only 20 of the 23 days holiday per year in my contract are statutory (I work a rolling 3 on 3 off shift. Each shift is 12 hours). I returned to work Jan 15 but again n the September I had another episode and was off sick from Sept '15 to 4th March '16. As I should of (in my opinion) carried forward 11 days to 2015 plus the 23 in my contract, I felt I had entitlement to 23 days holiday plus 11 carried over from 2014, giving 34 days holiday in 2015, but from Jan 1st '15 to Sept '15 when I went off sick I had only taken 25. Again in 2016 when I returned to work I felt that I should have carried over 6 days from 2015 (9 left from 2015, but only 6 of these were the statutory minimum) However, my employer seems to think that because the law states that only statutory holiday can be carried over due to absence, that I am only entitled to statutory holiday during years that I am sick. The following is an illustration from my employer as to why they think I OWE THEM HOLIDAY! Please note that during 2014 wee I have records to say I took 9 days, they are claiming (though they no longer have the holiday forms) that I took 15, this is a separate query. You will see that although all holidays have to be signed off/authorized by my supervisor before taking them they claim I took 1 too many days holiday in 2013, 2015 & 4 too many in 2016, which they feel should be deducted from this years holiday. You will also see that in 2014 they stopped noting holidays as 'entitlement for year' and started adding statutory, thus meaning that in 2015 they thought I should only have 25 days despite carrying 5 over (from my statutory entitlement in 2014 that were unspused) plus having an entitlement of 23 days in my contract. Please help, I'm very confused! I agree that only the government minimum of holidays have to be carried over, but I don't think it should effect my contracted entitlement to holiday (e.g. 23 days) in that present holiday year. The following is what they have sent me to illustrate that I owe them holiday, and not visa versa as I thing.

Holidays 2011 - 2016

2011 - Started Aug
Entitlement for Year 10
Taken from TMS -7
Balance to carry over in 2012 3 days

2012
Entitlement for Year 26
Taken from TMS -26
Balance 0

2013
Entitlement for Year 23
Taken from TMS -24
Balance to be deducted 2014 -1 days

2014
Statutory Entitlement for year 20
Taken from TMS -15
Balance to carry over to 2015 5 days

2015
Statutory Entitlement for year 25
Taken from TMS -26
Balance to be deducted 2016 -1 days

2016
Statutory Entitlement for year 19
Taken from TMS -23
Balance to be deducted 2017 -4 days

getmore4less

3 on 3 off is a 6 week cycle

normal workers do 30 shifts on 12days off in 6 weeks(42 days)
3-3 you do 21

28*21/30 19.6 days statutory holiday.

getmore4less

do your number as a table like they have breaking up the block of text make it easier to follow.

sangie595

Also, you don't get to carry over time for ever. You should have taken 2014 in 2015 - you had nine months to do so before you went off sick again. And then you had from March 2016 until the end of the year to take any leave due. The right to carry over leave between years assumes that you actually do make an attempt to take leave that is due, and you had many months in which to do so. Why did you not take it? Because unless you have a very, very good reason, I would say that any leave you didn't take from those years, given that it is now August 2017, is lost and the carry over is unenforceable. You left it too long.

getmore4less

I could not be bothered to follow the alternative time line but carry over should be used up first failure to take that much would need explanation.

With long term sick much like maternity a sensible use strategy needs consideration.