Non used holidays

Ineed2No

Hi does anyone know of my boss who  has furloughed us all does he have the right to take away all our unused holidays for the rest of the year and say if we want to take a holiday later we will have to do over time to earn it. I haven’t used any of my holiday this year so far. 

bradders1983

No that wouldnt be allowed at all.  By LAW you have to have a certain number. 

theoretica

Are you being paid 80% or 100%?  Your employer can tell you when to take holiday and it may be during the furlough period, but they must give you sufficient notice (twice the length of the holiday) and must pay you 100%.

Ineed2No

Only 80% and he’s only told us that any future holiday this year will have to be early by over time. 

Semple

As Bradders says, by law you're entitled to your 20 days of annual leave excluding bank holidays (assuming you work FT). 

You're employer is legally allowed to dictate when you use those holidays (with notice). A lot of employers are forcing their employees to take large portions of their holiday allowance whilst on furlough, so that they're not in a situation at the end of the year where everyone wants to book the same time off. 

Are you 100% sure that your employer isn't making you use up your holiday whilst you're furloughed?

deejaybee

IMHO the fairest way to deal with this issue ( for employer + employee ) would be to pro-rata the holiday depending on how many months you had actually WORKED ( not on furlough ) in the holiday year.

so if you normally accrue 2 days holiday per month worked, and you work 6 months, you are owed 12 days *

* obviously this dosnt take account of Bank Holidays.

[Deleted User]

Your boss is trying to make you do unpaid work. You are entitled to those days off, he can't take them away. It's illegal.

I suggest putting it in writing that you have a statutory right to holiday (as laid out in your contract) and suggesting that if mediation is required you would be happy to talk to Acas.

sharpe106

He can't just take them away but he can make you take the holidays whilst furloughed. They need to give you twice as long notice as they want you to take and they need to pay you 100% for these. But he can make you use your holidays whilst furloughed.

Ineed2No

Semple said:

As Bradders says, by law you're entitled to your 20 days of annual leave excluding bank holidays (assuming you work FT). 

You're employer is legally allowed to dictate when you use those holidays (with notice). A lot of employers are forcing their employees to take large portions of their holiday allowance whilst on furlough, so that they're not in a situation at the end of the year where everyone wants to book the same time off. 

Are you 100% sure that your employer isn't making you use up your holiday whilst you're furloughed?

Hi thank you for your reply. My husbands boss is not making him use his unused holiday during furlough but when they finally go back to work he’s saying that no one can have their holidays unless their do overtime to earn them 

Thrugelmir

Take some holiday leave before the furlough period ends. Then he would be paid at 100%. 

Jeremy535897

Presumably the rate of holiday pay for variable pay employees will decline as more weeks already spent on furlough at 80% will come into the calculation of the rate of holiday pay?