Unlawfully taking my holiday entitlement

Riverdale865

Employer has taken all my holiday employment to pay for days when there is no work

Help

Les79

What does your contract say about that?


A contract in a place I once worked had something like this. If there wasn't enough work they'd send me home and pay me holiday money. But I was lucky and always had work so all was good and I never got to learn how strong that term was.

agrinnall

As long as your employer gives the correct notice they can specify when your holiday is to be taken. It's certainly not unlawful in principle, but could be incorrectly implemented.

x_raphael_xx

Bfs company does something similar. They are seasonal, so in the winter very little work.
He has to use holiday time in December or else he would end up without pay for a whole month while they are closed.


My company have a 'use it or lose it' policy for leave. So if you get to the end of the financial year and have days left, they tell you when to take it.

Redvee

x_raphael_xx wrote: »

My company have a 'use it or lose it' policy for leave. So if you get to the end of the financial year and have days left, they tell you when to take it.

That's the same with most companies, very rarely they'll allow you to carry holiday over to the next financial year unless there are exceptional circumstance like you've been out sick and have been unable to take holiday.
In my place of work they expect you to take 75% of your holiday between April and December 31st and I was told to take a days holiday before calendar year end to bring my holidays upto date. The Christmas rota came out this week and one of the days I had booked as holiday is now a rest day so I'm in a worse situation.

suki1964

Holiday pay is used to make up hours where I work as well

It's either use the holiday pay or come home with a short weeks pay


It benefits me as well as my employer as I don't need to take holiday unnessecarily just to get it used up

We are also given the option to take a days holiday pay if we are off sick as SSP doesn't kick in for the first 3 days

ohreally

What does the employers annual leave policy stipulate in such events. ERA 1996 S31 deals with guaranteed payments, you may or may not qualify, you would need to look further.

steampowered

Employers are legally entitled to specify the dates on which you must take your annual leave.

However, the employer is usually required to give advance notice of at least twice as long as the annual leave.

So, if the employer wants you to take 2 weeks leave, it would need to give you 4 weeks advance notice (unless the contract specifies otherwise).

However it would probably be unlawful for the employer to make you take leave without giving advance notice, or if you were at work but just not working.

See http://www.legislation.gov.uk/uksi/1998/1833/regulation/15/made