ANNUAL LEAVE DURING FURLOUGHED

kai898

good morning everyone 
has anyone got any advise on the below please. My work company have furloughed me since March. But I have just record a letter stating I have to use al my annual leave before the end of July. Is this legal for the company to enforce this on us. 

Or can we decline this. 

I am not happy to use it all. Which means when I return to work I will have to take any leave required as unpaid. 

Thanks in advance. 

Jeremy535897

They have to give you twice as much notice as the length of holiday they wish you to take, so probably they are within their rights.

Thrugelmir

You need to consider whether having a job is more important than not rolling forward annual leave. Which you will start to accrue again once you return. To pay your future wages your employer needs to get their business up and running fully. 

bradders1983

Thrugelmir said:

You need to consider whether having a job is more important than not rolling forward annual leave. Which you will start to accrue again once you return. To pay your future wages your employer needs to get their business up and running fully. 

Depends how his company do annual leave really. I get given 33 days plus Bank Holidays on the 1st April, i dont "accrue" them through the year. So if my employer forced me to take them all before the end of June I would have none left for 9 months. 

Going from July to the end of December or the following March (depending on when the OPs year runs to) is a long time not to have a week off. But as said, up to him if he wants to moan about it.

Thrugelmir

bradders1983 said:

Thrugelmir said:

You need to consider whether having a job is more important than not rolling forward annual leave. Which you will start to accrue again once you return. To pay your future wages your employer needs to get their business up and running fully. 

Depends how his company do annual leave really. I get given 33 days plus Bank Holidays on the 1st April, i dont "accrue" them through the year. So if my employer forced me to take them all before the end of June I would have none left for 9 months. 

Going from July to the end of December or the following March (depending on when the OPs year runs to) is a long time not to have a week off. But as said, up to him if he wants to moan about it.

Technically you do accrue holiday. Otherwise you could resign on the 1st April and take the notice period off as annual leave. Some employers work on an accrued basis. Some employers give an annual entitlement that is clawed back should an employee take more holiday than they have accrued by their leaving date. Some employers dictate a set period of shut down for parts of the organisation. 

The issue for employers is if they later make people redundant. Then holiday pay may have to be paid. If entitlements are rolled forward. 

bradders1983

True but in my case if my employer said take "all holiday before the end of July" this would mean take 33 days and then I would have none left for 8 months. The OP probably needs to clarify what has actually been asked of him: has he been asked to take the whole allocation for the year?

Thrugelmir

You are missing the point. People are being asked to take leave that has been accrued. That they are entitled to be paid for. By the particular date in question. 

bradders1983

Thrugelmir said:

You are missing the point. People are being asked to take leave that has been accrued. That they are entitled to be paid for. By the particular date in question. 

Nowhere does the OP mention the word "accrued". 

valc80

Hi   I have been furloughed since the end of March.  I had booked four days' holiday for the Easter break but emailed the person who dealt with employee holiday request stating I wished to cancel that request. Two weeks into my furlough I received a letter stating my employment would end on 30 June.  I am entitled to 20 days' holiday pay a year.  I have just emailed the above person requesting she confirms that my request to cancel my holiday at Easter had been implemented only to be informed that my employers required staff on furlough to take their entitled holidays. whilst on furlough.  I received no notice of this at all neither by email or letter form.  As I received no notice,  could they will force me to take my holiday which would mean that I would get less holiday pay when I receive my final salary in June.

valc80

Since the above, I have received a response from the person who deals with holiday bookings.  My request was received but overlooked.  
Below is an extract from an email received 

"I think you weren’t informed as you already had the holiday booked off, if you had of had excess holiday due you would have received an email asking you to take it. 

I cant see from my emails that any cancellation requests were agreed, as they were all being run past Stephen from March, but as I say if it had of been cancelled you would have been asked to take it again anyway."

At no stage have I received notice to take my holiday whilst on furlough.  As no notice has been received should I receive my full entitlement of holiday pay?