Temporary job annual leave

HarryKobi

I started a temporary, Covid related weekend job in the middle of November 2020. 

Last month one of my co workers who started at the same time as me mentioned he and all other starters had been paid out their annual leave for November-January (before the new annual leave year started). 

 Everyone except me heard about him being paid his annual leave and managed to get theirs paid out - I had a bout of covid on the particular weekend he told everyone and so didn’t hear about the end of the holiday year. 

 

Upon asking to be paid my holiday entitlement from last year I was told in a very rude way it’s not possible and that last years holidays are gone. I have since found the following government webpage stating that unused leave can be carried over for 2 years https://www.gov.uk/government/news/rules-on-carrying-over-annual-leave-to-be-relaxed-to-support-key-industries-during-covid-19
I have made HR aware of this link but have simply been told “our holiday policy and year hasn’t changed”.

So my question is, do I have any chance of reclaiming this leave from the company (through days off or being paid for it) or do I just have to accept that the annual leave days have been lost?

Thanks in advance.

Jeremy535897

See https://www.citizensadvice.org.uk/work/rights-at-work/holidays-and-holiday-pay1/taking-your-paid-holiday/

HarryKobi

Thank you, I have saw that article but I don’t think it fully answers my question. 

I (through my own ignorance, didn’t properly read my T&Cs) didn’t know I even had annual leave through this temporary job. I was not offered annual leave and took a weekend off unpaid as I had covid. 

Copy and pasted from citizens advice link:
 

Coronavirus – if your employer won’t let you take holiday

Your employer doesn’t have to let you take all your paid holiday if they have a good reason, for example if:

• the business is very busy because of coronavirus

• a lot of their workers are off sick

• they’ve furloughed you and they can’t afford to pay your holiday pay

If you can’t take all your holiday because of coronavirus, you can carry over up to 4 weeks of holiday into the next leave year – you’ll have 2 years to use it.“

It wasn’t that my employer didn’t let me use it, I simply didn’t know I had it to be used. With that being said does the last paragraph of the excerpt still apply?

Thanks

Jeremy535897

That paragraph is in the context of your employer telling you that you could not take holiday, rather than you simply not asking for it. If they are refusing to carry your holiday over, and you did not ask for it, there is nothing you can do.

GrumpyDil

As Jeremy says as you didn't take it and company policy isn't to allow leave carry over you're in a difficult position.

That said I'm surprised that no one informed you of that requirement as in my company, managers are required to manage leave to make sure exactly this situation does not arise.

It might be worth asking a mod to move this to the employment board as this is more of an employment issue rather than specifically Covid related. 

HarryKobi

I appreciate it isn’t company policy but I thought that maybe due to the gov link I posted in original post, they had to allow it. 

You’re right though this is probably better suited in an employment forum - I don’t know how to ask a mod to move it sorry! 

MattMattMattUK

HarryKobi said:

I appreciate it isn’t company policy but I thought that maybe due to the gov link I posted in original post, they had to allow it. 

You’re right though this is probably better suited in an employment forum - I don’t know how to ask a mod to move it sorry! 

The thing is they will not be able to give you different advice. The employer can roll it over, they are not compelled to role it over. Unfortunately you have lost the holiday and your employer is not required to either let you roll it over or pay you for it, that is the end of the matter.

silvercar

I think it is very bad form that your HR department or line manager didn’t tell you that you were entitled to annual leave. At the very least they should have told you that you had an entitlement, but due to the nature of the rule, it wouldn’t be possible to take it and would be paid out on request.
It is totally understand a new employee on a weekend only fixed term contract doesn’t ask about annual leave as they start a role. It is for managers to let staff know their entitlement and how it is implemented. I would be inclined to go higher up the chain and ask politely in an email what has happened.

HarryKobi

Thank you for your comments.

The thing is they will not be able to give you different advice. The employer can roll it over, they are not compelled to role it over. Unfortunately you have lost the holiday and your employer is not required to either let you roll it over or pay you for it, that is the end of the matter.

I agree with this, I didn’t know for sure if the employer HAD to roll it over or not. I’m not particularly fond of the job and as it is a second job I’m going to pack it in. I just wanted to ensure I am not walking away from something I am entitled to.

Thanks all

I’m not sure if or how I can close the thread so I will just leave it here.