Annual Leave entitlement.

Alex_Baesj

Hi, I have been in my current role since August and have used only one week of annual leave.

I have three weeks' of annual leave to use by the end of this month. My company is very good at disallowing leave due to staffing issues. I think they are within their right to do so although it is a little unfair. This impacts me specifically as I was off sick for two months over Christmas following an operation and didn't really have much chance to put in for leave. There is also a slight issue of over-sight on my part.


I tried to put in for a week of my annual leave with two week's notice but it was dismissed on the system. Nobody actually bothered to inform me I was not allowed it but that was the result.



Clearly I am set to lose all my leave. I am, however, starting a new role on the 11th of April. Will I lose my leave and only be entitled to 0.24 days of annual leave payment in my final wage or is there a possibility, as I am leaving, that I can regain some of my lost leave?


I did come across a case online where an employee managed to get their leave rolled over and paid to them as they were leaving the company. I think they had to do this through the EU courts, though.



I hate my job and if there's no benefit of paid leave (and they won't let me use it in my notice period) I see no reason not to simply walk from my current role.

TELLIT01

The big question is - has the company previously refused to allow you to take holiday, thereby making it impossible for you to use your holiday? If so you would have a valid argument that those days should be paid. If it's simply a case that you didn't get round to requesting leave then they are under no obligation to pay, unless there is anything to the contrary in your contract.

Comms69

Alex_Baesj wrote: »

Hi, I have been in my current role since August and have used only one week of annual leave.

I have three weeks' of annual leave to use by the end of this month. - are you sure? That seems a lot for 7/8 months. My company is very good at disallowing leave due to staffing issues. - that's irrelevant I think they are within their right to do so although it is a little unfair. This impacts me specifically as I was off sick for two months over Christmas following an operation and didn't really have much chance to put in for leave. - sorry just to clarify, you've been the 7 months, off sick for 2 and have a 6 week + bank holiday entitlement? There is also a slight issue of over-sight on my part.


I tried to put in for a week of my annual leave with two week's notice but it was dismissed on the system. Nobody actually bothered to inform me I was not allowed it but that was the result.



Clearly I am set to lose all my leave. I am, however, starting a new role on the 11th of April. Will I lose my leave and only be entitled to 0.24 days of annual leave payment in my final wage or is there a possibility, as I am leaving, that I can regain some of my lost leave? - I'm still not sure you're entitled to it to be honest. But you must've given notice by now surely?


I did come across a case online where an employee managed to get their leave rolled over and paid to them as they were leaving the company. I think they had to do this through the EU courts, though. - I am not familiar with this. Leave can only be rolled over if you have been unable to take it.



I hate my job and if there's no benefit of paid leave (and they won't let me use it in my notice period) I see no reason not to simply walk from my current role.

Presumably the money?

System

Sounds like you've had quite a lot out of this company despite the holiday issue. Did they pay for your sickness? If so, you got a great deal !


At my place, it's the employees responsibility to take holiday. They will allow a one-week roll over but that's it. If you haven't had the forethought to book your holiday, then it disappears, as it does for me. I think this is to stop people accruing months-worth of holidays over, say, a five year period. Also, at my dad's old place, the staff would try and get the money for it rather than taking it.


If your employer has a history of cancelling holidays (my old place did and so some staff ended having three-four weeks just before the holiday deadline), perhaps you might have a point, however you're leaving anyway. In future, ensure you spread your holidays over the year so you don't encounter any problems.

polgara

1. Double check your entitlement as that looks extremely generous for 7/12ths of a year.
2. Have you made a number of requests and been denied it (for whatever reason).
3. If you haven't made requests until after your sick leave ie in the last three months of the year then the company could say that you haven't been using your leave effectively. We (NHS) allow up to 5 days carry over ONLY in exceptional circumstances.

Comms69

polgara wrote: »

1. Double check your entitlement as that looks extremely generous for 7/12ths of a year.
2. Have you made a number of requests and been denied it (for whatever reason).
3. If you haven't made requests until after your sick leave ie in the last three months of the year then the company could say that you haven't been using your leave effectively. We (NHS) allow up to 5 days carry over ONLY in exceptional circumstances.

And even the most general NHS package seems to fall short of the OPs hated job

[Deleted User]

Alex_Baesj wrote: »

I see no reason not to simply walk from my current role.

It’s in X years time when you go for that job that needs a check-able past history - that’s when you suffer.

I do sympathise - I resigned due to not being so well and am held to a full month despite only being in the job 4 months and confirming I cannot concentrate whether something more serious is about to be diagnosed or workplace stress is the root cause - my once ok with leave employer won’t even allow me to use holiday during notice, preferring to pay it. You try to do the right thing but can be so dammed.

pelirocco

It is a legal requitrement that you take your statutory leave entitlement , you are not allowed to carry it over ( unless you have been on long term sick leave ) , nor are they allowed to pay you in lieu . You may have to remind them there are employment laws

Comms69

pelirocco wrote: »

It is a legal requitrement that you take your statutory leave entitlement , you are not allowed to carry it over ( unless you have been on long term sick leave ) , nor are they allowed to pay you in lieu . You may have to remind them there are employment laws

None of that changes the legal position of use it or lose it. The OP has saved up 75% of their leave to use in the last 12.5% of their employment...

TELLIT01

andydownes123 wrote: »

Sounds like you've had quite a lot out of this company despite the holiday issue. Did they pay for your sickness? If so, you got a great deal !

That is totally irrelevant. It is often possible to reclaim any holiday booked if you are then signed off sick. You also continue to accumulate annual leave when you are off sick. That is simply down to employment law and nothing the OP should feel guilty about.

Masomnia

pelirocco wrote: »

It is a legal requitrement that you take your statutory leave entitlement , you are not allowed to carry it over ( unless you have been on long term sick leave ) , nor are they allowed to pay you in lieu . You may have to remind them there are employment laws

With the agreement of both parties a full-timer can carry over up to 8 days. This is because EU law guarantees 20 days while UK law guarantees 28, so the UK can be flexible over the extra 8.