Furloughed and lost all holiday allowance / entitlement

Wifey101

Our employer has always separated bank holiday and holiday entitlement, but if I get 8 bank holidays and 20 holiday days (4 weeks) my total holiday entitlement would be 28 days.

I've just done some counting up... furlough lasted 67 days... so they needed to give me 44 days notice to tell me to take 22 days holiday... the last 22 days of furlough comprised of 15 weekdays (including 1 bank holiday) and 7 weekends... so they can ask me to take 15 days of holiday from my 28 holiday entitlement... but they also owe me 3 holidays from the 3 bank holidays which happened during the first 44 days of furlough. So I should lose 12 days holiday shouldn't I?

Jeremy535897

Your statutory holiday entitlement is 20 days excluding bank holidays. Notice does not need to be given for bank holidays. If you had taken none of your 20 days of holiday in the holiday year, 40 days' notice needs to be given if they want you to take it in one block. They also cannot make you take any part of the 20 days of holiday on a bank holiday or non-working day.

Wifey101

Jeremy535897, in your example, is that 40 calendar days notice or 40 working days notice?

Grumpy_chap

For one day leave, they need to give you two days notice.  I would probably interpret that as working days.

For one week, they need to give two weeks notice.  I would interpret that as calendar weeks.  So, 20 days holiday is 4 weeks (assuming regular M-F work pattern) so 8 weeks notice.

Jeremy535897

Wifey101 said:

Jeremy535897, in your example, is that 40 calendar days notice or 40 working days notice?

Calendar. The Working Time Regulations 1998 say:

15.—(1) A worker may take leave to which he is entitled under regulation 13(1) on such days as he may elect by giving notice to his employer in accordance with paragraph (3), subject to any requirement imposed on him by his employer under paragraph (2).

(2) A worker’s employer may require the worker—

(a)to take leave to which the worker is entitled under regulation 13(1); or

(b)not to take such leave,

on particular days, by giving notice to the worker in accordance with paragraph (3).

(3) A notice under paragraph (1) or (2)—

(a)may relate to all or part of the leave to which a worker is entitled in a leave year;

(b)shall specify the days on which leave is or (as the case may be) is not to be taken and, where the leave on a particular day is to be in respect of only part of the day, its duration; and

(c)shall be given to the employer or, as the case may be, the worker before the relevant date.

(4) The relevant date, for the purposes of paragraph (3), is the date—

(a)in the case of a notice under paragraph (1) or (2)(a), twice as many days in advance of the earliest day specified in the notice as the number of days or part-days to which the notice relates, and

(b)in the case of a notice under paragraph (2)(b), as many days in advance of the earliest day so specified as the number of days or part-days to which the notice relates.

(5) Any right or obligation under paragraphs (1) to (4) may be varied or excluded by a relevant agreement.

Wifey101

Thanks for everyone's help.

Hughesy49ers

Hi Wifey101 and all that helped you out. I wondered a similar thing. I've been on furlough since March until end of July. Today I found out Im to be made redundant. A while back there was a standard letter asking if people could take a week's holiday w/c June so that there wasn't a big influx of staff wanting holiday when all returning to work. Now that there is no returning to work for me, they are still saying we need to take holiday on 22nd (obviously this is to reduce the redundancy pay out), can they enforce this week's holiday? I have 12 days holiday left?

Thanks
Hughesy49ers (joined the forum today so a bit of a novice)

[Deleted User]

@Hughesy49ers
You have already asked this on a separate thread and I have already replied. 

Hughesy49ers

Ah, I'll try and read your reply, didn't know whether I'd receive an alert to say someone has replied, couldn't see anything, will have another try, many thanks Madmattuk

epm-84

When does your holiday year run from and to?  If it's 1st April to 31st March and they've made you take all your 2020/21 allowance before the end of June 2020 then I'd say that's unreasonable as you'd have to work 9 months without being able to book any time off.  If it's 1st August to 31st July then I wouldn't say it's unreasonable unless you already had a holiday booked in July and you're planning to go away or it's an important event like a family wedding.