Annual Leave refused; advice?

betterlifenow22

I'm just wondering if any kind soul would be able to give me some advice.

I currently work two jobs; a low paying nine to five office job that is through a temp agency and an evening job with a retail company that is eight hours a week. I took the latter almost two and a half years ago as a fall back against a potential redundancy that did eventually come to pass come to pass (I hate signing on and I would much rather work a menial job rather then go back to all of that).

The problem I am having is that I have sixteen hours of annual leave to use before the end of March, but the company won't let me or another colleague take them as all weeks have been booked and they will not allow any more than one person to be off at a time. They will also not allow the hours to be paid in lieu or let them be carried over into the next financial year. They could bring staff in from other stores, but they won't to cut costs. They could use staff that they currently have on furlough to provide cover, but they won't as that would require them to spend money.

It was difficult to book leave this; the pandemic meant that staff had to frequently self isolate and even myself and one other managed to contract covid while working there (no sick pay for this, I had to use two weeks of leave in order to get paid and I also had to drop to SSP with the wages of the day job). The full time members of staff would book leave in blocks of up to three to four weeks, long before the part timers could even see the holiday planner. I do admit that I should have been more mindful to look forward and plan some time off, but the circumstances of the lockdowns made everything backwards, plus nothing could taken over Christmas or Easter.

The company does not provide an essential service but it remained open through the pandemic; off sales are not essential and I don't care what anyone says about that. I had to continue to work there as the status of my main job was fragile due to the pandemic and I was genuinely scared of what might happen if I walked away. I have applied for over two dozen jobs since my redundancy and I have yet to find anything permanent; the thought of having nothing to go to meant that I had to stay.

What are my choices? It wouldn't be worth going down a legal route for so little money and I'm not a member of any union (I understand that they can't help much with anything that has happened before joining, only brief give brief advice after a period of waiting). I am only asking for what I am entitled to and nothing else. Plus, as a point of principle I find this issue very difficult to drop; I've worked hard and remained committed under incredibly difficult circumstances, so why shouldn't I be getting what I'm entitled to by law?

I hope this all made sense; I'm exhausted and I'm finding it hard to get any sense of perspective when it comes to all of this.

getmore4less

Resign then they have to pay it.
Or if you want to keep the job,

Ask them how they plan to meet their legal obligations for paid holiday.

Get it in writing they are refusing to let you take holiday or carry over.

Then if you leave in later years you may be able to back claim .

There is some case law covering this area of employment.

Undervalued

There is no legal right to "book" leave or take it when you choose. There is however a right to take your annual leave during the year at a time of your employer's choosing. There are some limited provisions for carry over.

So, you can only insist on the employer meeting their minimum legal obligations. As Getmore4less says, ask them in writing (email is fine or even text messages!) when you can take the leave that is owed and try an ensure they reply the same way.

General_Grant

betterlifenow22 said:

I'm just wondering if any kind soul would be able to give me some advice.

I currently work two jobs; a low paying nine to five office job that is through a temp agency and an evening job with a retail company that is eight hours a week. I took the latter almost two and a half years ago as a fall back against a potential redundancy that did eventually come to pass come to pass (I hate signing on and I would much rather work a menial job rather then go back to all of that).

The problem I am having is that I have sixteen hours of annual leave to use before the end of March, but the company won't let me or another colleague take them as all weeks have been booked and they will not allow any more than one person to be off at a time. They will also not allow the hours to be paid in lieu or let them be carried over into the next financial year. They could bring staff in from other stores, but they won't to cut costs. They could use staff that they currently have on furlough to provide cover, but they won't as that would require them to spend money.

It was difficult to book leave this; the pandemic meant that staff had to frequently self isolate and even myself and one other managed to contract covid while working there (no sick pay for this, I had to use two weeks of leave in order to get paid and I also had to drop to SSP with the wages of the day job). The full time members of staff would book leave in blocks of up to three to four weeks, long before the part timers could even see the holiday planner. I do admit that I should have been more mindful to look forward and plan some time off, but the circumstances of the lockdowns made everything backwards, plus nothing could taken over Christmas or Easter.

The company does not provide an essential service but it remained open through the pandemic; off sales are not essential and I don't care what anyone says about that. I had to continue to work there as the status of my main job was fragile due to the pandemic and I was genuinely scared of what might happen if I walked away. I have applied for over two dozen jobs since my redundancy and I have yet to find anything permanent; the thought of having nothing to go to meant that I had to stay.

What are my choices? It wouldn't be worth going down a legal route for so little money and I'm not a member of any union (I understand that they can't help much with anything that has happened before joining, only brief give brief advice after a period of waiting). I am only asking for what I am entitled to and nothing else. Plus, as a point of principle I find this issue very difficult to drop; I've worked hard and remained committed under incredibly difficult circumstances, so why shouldn't I be getting what I'm entitled to by law?

I hope this all made sense; I'm exhausted and I'm finding it hard to get any sense of perspective when it comes to all of this.

The two weeks (16 hours) paid leave - is that statutory entitlement and none is for additional contractual leave? 
If just statutory leave because of Covid the rules have been amended so that it can be carried forward.  You need to get in writing that they will not allow it to be carried forward.

Diamandis

Raise a grievance in writing with your employer. 

Xbigman

You don't need a grievance, as above, just put it in writing asking when they wish you to take your annual leave. 
Employers can decide when your annual leave is but the onus is on them to manage it. So let them decide when your leave is. The downside is that you might end up with odd days off.


Darren

superbigal

Go off sick again and get your annual leave to cover absence  cough cough

betterlifenow22

Many thanks for all the replies.
I contacted HR and requested an explanation in writing. The very next day there was an email issued to all staff saying that annual leave could be carried forward after the situation was reassessed (it was all vaguely worded, but it talked about poor communication and little forward planning from middle management while coping with the pandemic).
It's not much, but it's a win! 

getmore4less

Good that it has been clarified company wide.

I would hope HR have been discrete while watching out for signs your management may know it was you.

Crazy thing is they could have used up holidays with some furlough rotation reducing liability.