Annual Leave Help

300

Hi Guys, I'm a lurker here but I really need help, this is weighing on me mentally and making me ill. I've tried to summarise it the best I can into simple bullet points, I'm just tired and losing the will to do anything.

• I work for a large europe wide company
• I am a casual worker(went from full time in 2015 to casual so I could go to uni)
• I have been with the company for 8 years
• I work every Saturday, Sunday, Monday and Tuesday at the same place for them on a permanent basis and have done since finishing uni last September
• I accrue holidays
• To book holidays I must have accrued them

My Casual Worker Agreement Says

• No right to be offered work
• No obligation to accept work
• No ongoing relationship with company
• Working time opt-out - over 48 hours, i'm opted out
• Any holiday payments will be made only after holiday is accrued
• Holiday Year from 1st of Jan to 31st December

Company Handbook Says

• Holiday Year from 1st of Jan to 31st December
• No Payment will be made in lieu
• Holiday cannot be taken over, use it or lose it
• Holiday must be submitted 28 days in advance
• Employees should not make holiday arrangements until leave is granted
• If an employee has not accrued enough holiday, leave will not be granted

Annual leave is done online and regularly ignored(not granted) until after i have had to book the holiday, this year when I went to book holidays which had accrued thorough September and October I was told "you can't book holidays in december"

I need help, they are making me ill

Flugelhorn

I have a similar sort of job (though would query that it is casual if you are doing exactly the same days every week)

Re casual workers booking holiday - I would say if you want to go on holiday then don't accept work - can't see why you have to "book" annual leave?

Re pay - I get day rate + 12.08% holiday pay

tacpot12

Your employer is not allowed to require you to commit to accepting work that is offered unless they are also committed to offering you work. Your Casual Worker agreement says that they don't have to offer you work, and you don't have to accept it.

If you have come to some local agreement with whoever does your rotas that you will always work certain days unless you ask for holiday, then you are not operating in line with your casual workers agreement. You need to make sure that they offer you work and you only accept it IF you are able to come work that day. If you want a holiday, don't accept the work. You might use the booking system to notify them of days that you won't accept the work, but I would only do this if they ask you to do so. I would get something in writing from them to say that when causal workers book holiday on the system it will be treated as a notifiction of unavailability and will not be approved. If you ask for holiday and they approve it, they are admitting that you are an employee and not a worker, and it is not in their interests to create an employer-employee relationship.