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Can your employer force you to take annual leave?

This might be a strange question, but can your employer force you to take annual leave?

I work full time in a job that I love and don’t have a happy home life, so have always preferred to work (except if I need to run errands or have a family commitment). My mental health benefits hugely from a regular routine and suffers when stuck at home - even easter weekend is a struggle for me! Previously my employer has been fine with this as they know that I do take it if I need it. I had an agreement with the previous HR person and this has been fine for years. We now have a new HR person and they insist that I take 25 days. I have explained my situation and that I feel that my health suffers when away from my routine etc but they won’t budge. The thought of being forced to spend that much time at home brings me a great deal of anxiety. Can they force me to do this and what would happen if I refused?
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Comments

  • BoGoF
    BoGoF Posts: 7,098 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Yes they can.
  • elsien
    elsien Posts: 36,463 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    If they have good cause, such as concern that you are getting burnt out, then yes they can.
    You don't have to spend the time at home though; couldn't you go away somewhere or spend time with friends?
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
  • fewgroats
    fewgroats Posts: 774 Forumite
    Fifth Anniversary 500 Posts
    Happens all the time in police dramas.
    Advent Challenge: Money made: £0. Days to Christmas: 59.
  • Doshwaster
    Doshwaster Posts: 6,351 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Find something else to do on your time off rather than sit at home doing nothing even if you don't want to go away on a traditional holiday - volunteer at a charity, go on a course, decorate the house, read the books you have always wanted to, explore your local town...

    In many cases (I'm not saying it is with you), people who refuse to take holiday have been found to be involved with some dodgy/illegal activity at work so they are frightened to take time off in case they are found out.
  • MovingForwards
    MovingForwards Posts: 17,164 Forumite
    10,000 Posts Seventh Anniversary Name Dropper Photogenic
    You are using work as an escape from whatever the home issues are, it's not solving your home issues.

    It's recognised that having time away from work is better for your health.

    Your employer is right to say you have to take time off.

    The question is, can you use your time off to resolve the home situation or look at making a new home life, moving out and starting over?

    Life is too short to exist and work only.

    There is a big world, with much to see and do, a new hobby or interest as a contrast to your daily routine.
    Mortgage started 2020, aiming to clear 31/12/2029.
  • Undervalued
    Undervalued Posts: 9,753 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 6 February 2020 at 11:19AM
    elsien wrote: »
    If they have good cause, such as concern that you are getting burnt out, then yes they can.
    You don't have to spend the time at home though; couldn't you go away somewhere or spend time with friends?

    They don't need any cause!

    An employer can instruct any employee to take some or all of their annual leave just by giving them notice of the same length as the leave to be taken.
  • DCFC79
    DCFC79 Posts: 40,641 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Just take the time off, your entitled to it. Get into a routine when at home, do x at 9am, x at 11 etc etc.
  • Comms69
    Comms69 Posts: 14,229 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Heythere wrote: »
    This might be a strange question, but can your employer force you to take annual leave?

    I work full time in a job that I love and don’t have a happy home life, so have always preferred to work (except if I need to run errands or have a family commitment). My mental health benefits hugely from a regular routine and suffers when stuck at home - even easter weekend is a struggle for me! Previously my employer has been fine with this as they know that I do take it if I need it. I had an agreement with the previous HR person and this has been fine for years. We now have a new HR person and they insist that I take 25 days. I have explained my situation and that I feel that my health suffers when away from my routine etc but they won’t budge. The thought of being forced to spend that much time at home brings me a great deal of anxiety. Can they force me to do this and what would happen if I refused?



    Yes. And even beyond that - not that they would benefit from this - they can refuse you to work, as long as you they pay you.
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    http://www.legislation.gov.uk/uksi/1998/1833/regulation/15/made

    They don't need any cause!

    An employer can instruct any employee to take some or all of their annual leave just by giving them twice the notice of the same length as the leave to be taken.

    15.2.a
    15.4.a

    or whatever notice is required by contract.
    15.5

    Statutory same length as the holiday it to NOT take holiday
    15.2.b
    15.4.b.
  • yksi
    yksi Posts: 1,025 Forumite
    Fifth Anniversary 1,000 Posts Name Dropper
    If you can't stand being at home, then get dressed every day of your leave period and spend the day at the library. If you take a tablet or laptop you can watch movies there or play games online. Or just read the newspaper cover to cover. Wander from one charity shop to the next with a budget of £5.00. Be creative, there are ways to keep occupied to while away the time.
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