Annual Holiday Entitlement Question

fd1972uk

Hi All, 

I used to be semi clued up in employment laws, but just wondering.

My company I work for is open on Holiday Mondays at Xmas and New Year, now they're saying they are paying double time for that day, however and this is were I'm confused, you lose that 1 days holiday entitlement.

That means that they would not be meeting the minimum 29 days (In my case, and also as detailed in my contract). 

Is this legal? 
I know you can work and get paid if you like, but as far as I'm aware I have no.choice.

Worse case scenario I'm paid for that days work and then get my days holiday paid back if my logic stands. 

I am. Going to speak with the area manager as my manager isn't explaining it clearly, which I'm not blaming them for it.

Basically explained they'd pay double time for the worked day but you lose that holiday, whilst any sensible person would take the normal days pay and the carried over holiday, lol, if indeed they are meaning this. 
TIA

pelirocco

By law  you have to take the legal minimum holiday  entitlement, as leave

Diamandis

If you work 5 days a week then it's 28 days not 29.

General_Grant

Diamandis said:

If you work 5 days a week then it's 28 days not 29.

And the minimum statutory paid leave is 28 days if you work 6 days a week.  However the contract can increase the amount of paid leave and it seems to be the case for the OP.

When does the OP's employer's holiday year end, December or March for example?  If December will it be possible to take the entire annual entitlement before the year end or is it agreed any untaken leave can be taken forward?

As the OP's manager is uncertain, they do need to get "official" confirmation from the company.

getmore4less

The basic rule is a company cannot buy out statutory holiday unless you are leaving.

If these days would be contractual extra days then they can set their own rules.

What is the full timers total allowance. 

fd1972uk

Hi, 

Yes I have an extra local holiday and my Contract states 29 days, I know the company has the right to decide when some can be taken.

Runs Apr - Mar. 

As an example, employee gets £100 per day, therefore 2 days holiday is worth £200.

The way it has been explained suggests they pay £400 but deduct 2 days holiday which amounts to in reality £200! 

I'll accept normal pay for the day and the carried over days holiday, but the other option sounds illegal, lol. 

I am going to speak with the Area Manager, as I think my line manager has not understood the Area Managers details, and just want to be prepared when I speak to the AM. 

TIA

Diamandis

It's not illegal if its the one day above statutory leave though. 

fd1972uk

Diamandis said:

It's not illegal if its the one day above statutory leave though. 

Getting away from my contractual holidays which are 29, then they would be still giving me less than even 28.

Taking off my 2 holidays for those Mondays (I've had 25 days off so far) then that'll be 27.

General_Grant

fd1972uk said:

Diamandis said:

It's not illegal if its the one day above statutory leave though. 

Getting away from my contractual holidays which are 29, then they would be still giving me less than even 28.

Taking off my 2 holidays for those Mondays (I've had 25 days off so far) then that'll be 27.

If the 25 include bank holidays (or you worked all bank holidays since 1 April), then you would have 3 WTD days left to take by 31 March.  As long as they allow you to take those before the end of the holiday year, that would be OK.  Whether they can "buy back" the extra day without your agreement is unclear.

Some people would probably prefer to have the extra pay than the holiday.  As there is no law that an employee must take holiday, only that an employer has to allow the minimum, the employer can offer more pay for any day they choose.  Perhaps when you tell them you want the time off at some point before 31 March, they will accept this, pleased that it will save them the extra pay but still have you at work for the bank holidays.

Marvel1

pelirocco said:

By law  you have to take the legal minimum holiday  entitlement, as leave

Source? Curious for myself, I tried searching in Google, but results are mostly polls and blogs about employees working when on leave etc.

getmore4less

Marvel1 said:

pelirocco said:

By law  you have to take the legal minimum holiday  entitlement, as leave

Source? Curious for myself, I tried searching in Google, but results are mostly polls and blogs about employees working when on leave etc.

You won't find it because it does not exist.

The law does say you can't be paid for holiday(except when leaving) but someone would have to take action to enforce that.
Source   WTR 13.9.b  and 13A.6
https://www.legislation.gov.uk/uksi/1998/1833/regulation/13