Forced Annual Leave

Stanthedog

Earlier this year I started a new job for a large organisation. I am entitled to the legal minimum of 23 days paid holiday but this is prorated from my job start date at the end of March. The company I work for is now stating that due to the Covid situation that all staff have to take 40% of their holiday entitlement by the end of June. Is this enforceable? I believe that as the UK government has changed the working time directive annual leave can be rolled over by up to 2 years. I think this is terribly unfair as it means that I can only just squeeze in a 2 week holiday in the second half of the year and no more. I have not yet booked any leave as my wife and I are intending to travel later this year, which was always the intention even before the Covid pandemic crisis.

Comms69

Yes its perfectly legal. Your employer always has the final say on when you can (and by virtue when you must) take leave.

Andy_L

They can let more leave be rolled over than usual - they don't have to.

An employer can dictate when you take your leave, providing they give enough notice (IIRC twice as long as the duration of the leave)

lincroft1710

Providing they give you the appropriate notice of when you are expected to take leave, your employer can absolutely dictate when you can take leave

nicechap

Stanthedog said:

Earlier this year I started a new job for a large organisation. I am entitled to the legal minimum of 23 days paid holiday but this is prorated from my job start date at the end of March. The company I work for is now stating that due to the Covid situation that all staff have to take 40% of their holiday entitlement by the end of June. Is this enforceable? I believe that as the UK government has changed the working time directive annual leave can be rolled over by up to 2 years. I think this is terribly unfair as it means that I can only just squeeze in a 2 week holiday in the second half of the year and no more. I have not yet booked any leave as my wife and I are intending to travel later this year, which was always the intention even before the Covid pandemic crisis.

Legal minimum is 28 days leave, lots of people have to take off the bank holidays leaving most people with 20 days to choose.  You don't say when the company's leave year starts & finished, but assuming its Jan -Dec, you have 5/6ths of 28 days, =23 &1/2 days to take, 3 bank holidays have already gone, 4 more before Dec, leaving you 16&1/2 days. 40% = approx 6 & 1/2 days to book (nb another bank holiday on 25 May), leaving you 10 days later in year. Whether travel will be possible later in the year is an unknown quantity.

As others have said, your employer can dictate when you take leave subject to sufficient notice.  Given this is a new job and the general chaos around Covid, is this something you really feel is "unfair"?  

sharpe106

As long as they give you twice the length of notice that they want you to take they can, for example they want you to take a week they need to give you two weeks’ notice.

I would have though very few companies would want to let employees role leave over to the next year as will be harder for them to fit it all in.

Also I would be more grateful that you are still being paid rather than complaining about having to use your holiday.

bap98189

Not only is is legal, it is quite sensible. Nobody wants to take annual leave at the moment because there is nothing to do. But if people don't take it then towards the end of the year businesses will find it impossible to fit in everyone's annual leave. 

[Deleted User]

I would jump at the chance to take annual leave - started new job in February and never been able to, not likely to.
It's about as fair as being reminded well over half hour after finish time by blunt message that you still have work to complete. (fortunately not a lot)
That's on no proper lunch break any day either and no overtime payable/don't get the time back in lieu.
Bit my tongue. This home working is ideal for one thing give it that.