Annual Leave

louise7678

My partner has returned to work after been on furlough for approx 2 months (23 March to end of May). On returning to week his company are honoring all annual leave (23 days + Bank Holidays). We have 15 days booked off (in August and October) which we booked prior to 'lockdown' and do intend to take. However, he has 8 days left which his employer insists that he takes before the end of the year. However, the time that he has requested has been denied claiming too many other staff are off at that time. When looking at what is available none of the remaining dates suite us, as it would mean him having time off for the sake of using the days, apposed to using them to spend time with family. The government announced that employers can carry annual leave over into the following year, but his company are unwilling to do this, but the dates available for annual leave for us are not appropriate. Is there anything we can do, or is it tough he just has to just take the days offered regardless? 

[Deleted User]

My understanding is with the correct notice given an employer can dictate when you take holidays. 

elsien

The employer has an obligation to ensure people are able to take their statutory leave. Not to ensure that it is at a time that best suits the employee. They could allocate the dates themselves if they so wished, with enough notice.  Carrying leave over is usually only short amounts where it has just not been possible to take it. In your husband's case, it is possible to take it but not at his preferred time. The employer would be in the same situation next year if too many people carry leave over, trying to fit it all in and they are within their rights to tell him to take it this year, 

Is there anyone who might be willing to swap with him?

TBagpuss

Yes, they can tell him when to take it. It isn't unreasonable for them to want them taken this year, to save having people lots of extra time off next year when the business may (hopefully) have recovered and by busier, or having to pay out the untaken leave in the event that people leave or are made redundant. 

It's frustrating for you and your partner but the company are not doing anything wrong. 

Savvy_Sue

louise7678 said:

When looking at what is available none of the remaining dates suite us, as it would mean him having time off for the sake of using the days, apposed to using them to spend time with family. 

I'd look at it as an opportunity to have some family time in a different way. OK, you can't go away or on days out except at the weekend, but presumably it will mean he is home when the children finish school, he can get more involved in the afterschool routine, which you may be able to vary by eg picnics on the living room floor if weather not good enough for outdoors, AND there will be time to catch up on some of those jobs you'd otherwise have to squeeze into weekends or after he's been working all day. Decorating, gardening, even spring cleaning ...

gwynlas

Rather than looking at full weeks off he could consider some long weekends. Many employers have been told they have to take annual leave during furlough so there isn't so much left to use on return.

TELLIT01

Frustrating not to be able to take leave at a time which best suits you, but at least you have some freedom in when you take it.  My niece had her holiday abroad cancelled and, despite the fact that her employer was still working,  she was told she had to take leave on those dates anyway.  Her mood wasn't helped any when she returned and her manager, who had told her she had to take the leave, complained about how rushed they had been without her there.  The manager is actually one of the owners of the business!

Nothanks

Sadly they are doing nothing lawfully wrong, albeit a pain in the bum for you and yours. 

The government has allowed for an amendment to working time regulations to carry over statutory annual leave if you can’t take it, but the employer has every right to dictate when.