Holiday pay

bonzojim

Hi everyone.
I have a question about my holidays from work. I get 5 weeks paid holiday a year and our holiday year begins on 01 September.

I've booked two weeks holiday for the end of July, start of August next year and also the last two weeks in August (leaving a week in the middle where I have to work). This leaves me with one more week to take.

I understand that if you don't take your full holiday entitlement, you lose those days. Come next year when I ask for that other week in August, if my employer says 'no', would they still have to pay me holiday pay whilst I work that week?

Thanks for helping
Jim

unforeseen

Since you are already monopolising August, I wouldn't be surprised if the TELL you when you are taking the other week.

Also don't be surprised if they re-assess your leave plan.

Blatchford

bonzojim wrote: »

Hi everyone.
I have a question about my holidays from work. I get 5 weeks paid holiday a year and our holiday year begins on 01 September.

I've booked two weeks holiday for the end of July, start of August next year and also the last two weeks in August (leaving a week in the middle where I have to work). This leaves me with one more week to take.

I understand that if you don't take your full holiday entitlement, you lose those days. Come next year when I ask for that other week in August, if my employer says 'no', would they still have to pay me holiday pay whilst I work that week?

Thanks for helping
Jim

Of course you don't get holiday pay AND pay for working. And they can't pay off your holiday pay even if they want to - that can only happen when you are leaving your job.

Just as a matter of interest, are you really that sanguine about working for an entire year with no proper rest periods apart from August? Or do you think you have some sort of cunning plan?

[Deleted User]

Speak to your employer.

I joined a company in June with an end of leave year in December. For 4 months leave wasn't thought about (no I do not recommend it) and certainly no opportunity to take/holiday time couldn't be agreed so my employer ended up picking a week ((yes I know they can do this)) before December approaches and put 4 days through last month on my rest days off without me signing anything. First I knew of it was when I looked at my payslip. So a payment of holiday pay was pushed through in advance of holiday year end. I just wish they got more creative with holiday time instead of handing out 'employed zero-hours' contracts.

General_Grant

Does the OP not take any bank holidays?

Blatchford

Deleted%20User wrote: »

Speak to your employer.

I joined a company in June with an end of leave year in December. For 4 months leave wasn't thought about (no I do not recommend it) and certainly no opportunity to take/holiday time couldn't be agreed so my employer ended up picking a week ((yes I know they can do this)) before December approaches and put 4 days through last month on my rest days off without me signing anything. First I knew of it was when I looked at my payslip. So a payment of holiday pay was pushed through in advance of holiday year end. I just wish they got more creative with holiday time instead of handing out 'employed zero-hours' contracts.

As per usual, I can't really understand anything much that you say and you insist upon making every post about you and not about the posters query. But if I am to understand anything from this, the employer did not "push through a payment of holiday pay" but rather they told you when you would be taking leave. In which case that is all both entirely lawful and entirely common. And you having not requested leave for four months is entirely different than someone going eleven months between leave period.

Blatchford

General_Grant wrote: »

Does the OP not take any bank holidays?

I wondered about that too. They obviously also don't have any activities and events that might require a day or two off for the entire of the rest of the year! Where I live, for example, everyone saves a couple of days for "snow"!

TELLIT01

If the OP is only booking holiday for the very end of the holiday year, I would hope the employer would notice and tell them that they need to book the rest earlier in the year. It seems that the OP is trying to force a situation where the employer has to refuse them holiday and therefore pay the unused days. It's only in that situation that an employee would be entitled to the their normal pay plus the holiday pay.

getmore4less

Statutory minimum is 5.6 weeks so some holiday is missing from the OP.

The employer could allow carry over of 1.6 weeks of the statutory and any excess contractual.

Blatchford

TELLIT01 wrote: »

If the OP is only booking holiday for the very end of the holiday year, I would hope the employer would notice and tell them that they need to book the rest earlier in the year. It seems that the OP is trying to force a situation where the employer has to refuse them holiday and therefore pay the unused days. It's only in that situation that an employee would be entitled to the their normal pay plus the holiday pay.

No, it isn't. The only legal situation where someone is paid for their holidays instead of taking them is when they get a P45. If they have the opportunity to take them before the end of the year, and simply don't take them, then the employer is perfectly entitled to "keep" the money! In this situation, the employee appears to have a great degree of latitude as to when to book holiday, provided the employer agrees to that period. If the employer refuses, then there is more than sufficient time for the employee to book another period. So the employer would have a perfect defence for neither paying the holiday pay not giving the holiday.

Frankly, I am astonished the employer has already approved using so much of it in a single month, because for many employers that would be an exception rather than the norm. But whatever boat the poster is pushing out, they want to be careful because they could lose both the pay and the holiday if they aren't careful.

zagfles

getmore4less wrote: »

Statutory minimum is 5.6 weeks so some holiday is missing from the OP.

The employer could allow carry over of 1.6 weeks of the statutory and any excess contractual.

Probably gets 5 weeks leave plus bank holidays. In which case carrying forwards a week should be OK, if employer allows it.