Forced holiday during furlough

keithdave7

My workplace have emailed us saying we have to take 5 days holiday from our annual holiday leave for the month of April. They said during these 5 days we would be paid 100% of our salary, so government pay 80% and then pay the other 20% is how I understand it. I do completely understand from a business point of view that people can’t come back to work after all this and then take holiday straight away but at the same time I don’t see this situation as a holiday nor do I appreciate having holiday taken away from me in this situation. 
Interested to see other points of views and see if this is legal or not?

JustAnotherSaver

From what i read, your holiday allowance is entirely at the discretion of the employer. So in short if they want, they can tell you to take the month of January off and then work the rest of the year no holidays.

Was my understanding of holidays.

keithdave7

Thanks for the message but this isn’t the case at all no employer can demand you taking holiday when they want. it is a legal right of the employee to have 26 days holiday which include the bank holidays to use when they aren’t needed. 

Dox

keithdave7 said:

Thanks for the message but this isn’t the case at all no employer can demand you taking holiday when they want. it is a legal right of the employee to have 26 days holiday which include the bank holidays to use when they aren’t needed. 

Which bit of law are you relying on to support your argument? ACAS and just about every well informed source confirms:

Your employer can:

• refuse holiday at certain times, for example during busy periods, but they cannot refuse to let you take any holiday at all
• make you take holiday at certain times, such as Christmas or bank holidays
• say how much holiday you can take at one time

pjcox2005

keithdave7 said:

Thanks for the message but this isn’t the case at all no employer can demand you taking holiday when they want. it is a legal right of the employee to have 26 days holiday which include the bank holidays to use when they aren’t needed. 

They have to ensure that each employee gets the statutory minimum number of days, but they can dictate when it can be taken. It's just that most companies don't under normal circumstances.

jackieblack

keithdave7 said:

Thanks for the message but this isn’t the case at all no employer can demand you taking holiday when they want. it is a legal right of the employee to have 26 days holiday which include the bank holidays to use when they aren’t needed. 

Sorry, but you’re wrong. Provided an employer gives the required period of notice, they can tell you exactly when you have to take your holidays - eg they could tell you to take every alternate Wednesday if they wanted, or the whole of February, as long as they give you two days notice for each day they instruct you to take. (And the legal minimum is 28 days, btw, not 26, pro-rata for part-time workers.)

https://www.gov.uk/holiday-entitlement-rights/booking-time-off- 

When leave can and cannot be taken
Employers can:

• tell their staff to take leave, for example bank holidays or Christmas

• restrict when leave can be taken, for example at certain busy periods

There may be rules about this in the employment contract or it may be what normally happens in the workplace. The notice period for this is at least twice as long as the leave they want their staff to take.

kingfisherblue

keithdave7 said:

Thanks for the message but this isn’t the case at all no employer can demand you taking holiday when they want. it is a legal right of the employee to have 26 days holiday which include the bank holidays to use when they aren’t needed. 

Of course they can! Look at teachers - they have no choice! An employer can decide when you take holidays. I believe though, that they have to give you notice that is twice as long as the holiday. So for example, if you are required to take five specific days, the employer needs to tell you at least ten days beforehand.

General_Grant

keithdave7 said:

Thanks for the message but this isn’t the case at all no employer can demand you taking holiday when they want. it is a legal right of the employee to have 26 days holiday which include the bank holidays to use when they aren’t needed. 

pjcox2005 said:

keithdave7 said:

Thanks for the message but this isn’t the case at all no employer can demand you taking holiday when they want. it is a legal right of the employee to have 26 days holiday which include the bank holidays to use when they aren’t needed. 

They have to ensure that each employee gets the statutory minimum number of days, but they can dictate when it can be taken. It's just that most companies don't under normal circumstances.

They have to ensure that each employee is able to take their statutory entitlement but they don't have to force an employee to take them. 
Some will insist that holidays are taken - for various reasons, not just for the good of the staff themselves but for the well running and good governance of the business.

keithdave7

Thank you all for your comments and it has cleared a lot up for me. Stay safe and well.

northernlass_62

I am currently on furlough and my employer has told me that I will be receiving 1 weeks full paid holiday pay next week then back to 80percent furlough the following week. Does anyone know who pays the holiday pay, is it made up of 80percent furlough and employer pays 20percent, thank you.

General_Grant

northernlass_62 said:

I am currently on furlough and my employer has told me that I will be receiving 1 weeks full paid holiday pay next week then back to 80percent furlough the following week. Does anyone know who pays the holiday pay, is it made up of 80percent furlough and employer pays 20percent, thank you.

Yes.  That's how it works.