Holiday entitlement Q for my SIL

paddyandstumpy

Hi, hoping an expert can offer some advice please. 
My sister in law is a hairdresser, works full time as a paid employee. 
She was furloughed when lock-down happened, until July, during which the salon who employs her took one week of her holiday allowance and topped up her furlough pay for that week. That is accepted, and fine. 

She used to work 5 day weeks, circa 8 hour days, so 40 hours per week. Since returning, they have all been put onto 'shifts', so she now does 6 days per week, 6.5 hour shifts, either AM or PM shifts. 
This isn't great for her, but she's accepted it, so the Salon opens longer hours, to try and keep up with demand. 

Now, they are refusing to allow her to take any holiday, and insisting she carries the balance of her allowance over to 2021. We are looking at taking a long weekend family break in October, she asked about 3 weeks ago for the Saturday and the Monday off, and was flat out refused. Plenty of notice was given, the 'staycation' isn't for another 5 weeks, even from now. 
Between her return in July and the end of the year, she will have worked 6 day weeks for 6 months, without a break (other than the bank holiday we have just had). Can they do this? 

elsien

Is she opted in or out of the working time directive?  Has she checked that the requirements of this are met with the hours that she is doing, with regards to time off etc?
Has she asked if there is anyone there who is willing to cover the shifts for her? Would it work if she could get the Saturday covered and request the early on the Friday and the late on the Monday to allow for travelling time and still give her the weekend at least? 

paddyandstumpy

Thanks for your reply. 
It's a small salon, only 4 full time stylists (a further two are on Maternity leave and not been replaced). They have split into two 'bubbles' so there are always the same two stylists working at the same time. There is no option to have the shifts covered. 
I'm not sure if she is opted in or out of the WTD. 

The rest of the family are off Friday-Mon inclusive, her salon is refusing her the Friday, allowing her to leave an hour early on the Saturday and expecting her back in on the Monday, it leaves her with no break really, our staycation is circa 3 hours drive from home/work. 

When they first returned to the salon, there was a large backlog of clients. This has died down somewhat, plus the notice she has given to take 3 days off, they would be able to cope if they planned for it. 

Comms69

They cant insist she carries holidays over, but they can tell her when to take holidays. 

So pushing this will likely result in having every wednesday off until the entitlement is used up

getmore4less

They cant insist she carries holidays over,

The covid amendments to WTR kick in

https://www.legislation.gov.uk/uksi/1998/1833/regulation/13

(9) Leave to which a worker is entitled under this regulation may be taken in instalments, but—

(a)[subject to the exception in paragraphs (10) and (11),] it may only be taken in the leave year in respect of which it is due, and

(b)it may not be replaced by a payment in lieu except where the worker’s employment is terminated.

(10) Where in any leave year it was not reasonably practicable for a worker to take some or all of the leave to which the worker was entitled under this regulation as a result of the effects of coronavirus (including on the worker, the employer or the wider economy or society), the worker shall be entitled to carry forward such untaken leave as provided for in paragraph (11).

(11) Leave to which paragraph (10) applies may be carried forward and taken in the two leave years immediately following the leave year in respect of which it was due.

(12) An employer may only require a worker not to take leave to which paragraph (10) applies on particular days as provided for in regulation 15(2) where the employer has good reason to do so.

Going to be a argument on if keeping the business going is a good enough reason.

getmore4less

elsien said:

Is she opted in or out of the working time directive?  Has she checked that the requirements of this are met with the hours that she is doing, with regards to time off etc?
Has she asked if there is anyone there who is willing to cover the shifts for her? Would it work if she could get the Saturday covered and request the early on the Friday and the late on the Monday to allow for travelling time and still give her the weekend at least? 

6 days 6.5hours days is well withing any shift/weekly rest requirements  of the working time regulations.

they do need to get a 20 min break as over 6hours.

elsien

getmore4less said:

elsien said:

Is she opted in or out of the working time directive?  Has she checked that the requirements of this are met with the hours that she is doing, with regards to time off etc?
Has she asked if there is anyone there who is willing to cover the shifts for her? Would it work if she could get the Saturday covered and request the early on the Friday and the late on the Monday to allow for travelling time and still give her the weekend at least? 

6 days 6.5hours days is well withing any shift/weekly rest requirements  of the working time regulations.

they do need to get a 20 min break as over 6hours.

Yes I thought that would be the case, but thought it may benefit the OPs sister to check for themselves so they are clear on the legislation and what it means for them.
The employer and employee both also need to consider how badly they want to keep their employee/job if they're going to insist on a 6 day week for the foreseeable.