Holiday entitlement

Tyton01

Hi can somebody just clear something up for me regarding holidays. Am I right in saying that you get 28 days holiday as minimum  for the year it’s just that I booked holidays for Christmas Day and Boxing Day but they were refused but still had days left to take  I requested these days over 1 month ago and just recently got declined  the company said they paid all holiday payments entitlement or the year  in December but without  telling me  I but still have days to take  sorry if a bit confusing  it’s just I thought you were entitled to 28 days 

elsien

I presume you are full time?  What is your company leave entitlement? When does the annual leave year run to/from. 

Are you saying they’ve paid you for the days you thought you had left leaving you with nothing, or that they’ve paid you some holidays but you think you still have days to take on top of that? 

The only time someone can get paid in place of taking statutory leave is when they leave their job.

Tyton01

Yes full time previous years have taken 28 days  they paid me all holiday hours I had left  in December pay which meant Nothing left in terms of holiday hours pay but I didn’t request this  so  they say you can’t take any more days off even though I have taken less than 28 days  if this makes sense  so they paid all at holiday entitled to but days entitled to  

elsien

They shouldn’t be doing that, it’s unlawful. How big a deal do you want to make of it? 

Grumpy_chap

What sector do you work in that means Christmas Day and Boxing Day are not closed days in any case?

Has the employer had to take some different approach to previous years because of high levels of non-leave absence?

That won't necessary make it right, but it can sometimes help to understand and you may then even see the situation is permissible in any case.

Is is possible there was a communication about booking leave before a deadline or being paid-in-lieu?  Sometimes, general e-mails with one or two lines of interest get skimmed over and deleted.

Tyton01

Hi am classed as employee  work in tourism  contract says entitlement I’d 28 days paid holidayI think issue is that due to lots of staff on sick due to coronavirus  or whatever and they have decided to pay all holiday up and refuse these days in December  even though have many days left    Also Christmas Day and Boxing Day are classed as work days  even so I did request those days off over month ago they were just waiting approval status but never got actually got declined   the shifts we get are on weekly  basis   I did chase up but got response saying can’t take off as all holiday paid up for year  but point is I still have days left to take  company didn’t communicate very well  many complaints under paid me also from previous months Anyway I either go in just don’t and risk getting sacked  

Undervalued

Tyton01 said:

Hi am classed as employee  work in tourism  contract says entitlement I’d 28 days paid holidayI think issue is that due to lots of staff on sick due to coronavirus  or whatever and they have decided to pay all holiday up and refuse these days in December  even though have many days left    Also Christmas Day and Boxing Day are classed as work days  even so I did request those days off over month ago they were just waiting approval status but never got actually got declined   the shifts we get are on weekly  basis   I did chase up but got response saying can’t take off as all holiday paid up for year  but point is I still have days left to take  company didn’t communicate very well  many complaints under paid me also from previous months Anyway I either go in just don’t and risk getting sacked  

28 days (5.6 weeks) holiday is the statutory minimum for a full time employee. However your employer can totally dictate when you can and cannot take your holiday. There is nothing special in employment law about bank holidays, even Christmas day.

The employer may (or may not) have a holiday booking system and can attach pretty much whatever rules they like to it. Even "booked" holiday can be cancelled by the employer just by giving fairly minimal notice.

Tyton01

Hi so its OK for  companies  to not give you 28 days in total for example say someone takes 20 days holiday up to September and has 8 days left for year can Company refuse any more days  and just pay up for that year saying there no days available  on occasions you can’t book so far in advance I agree you are total blind to what an employer does with holidays with what days are available they can do whatever they want  but it’s still about not had full 28 days in entitled to 

pinkshoes

Is your "leave year" stated in your contract e.g. all holiday must be taken 1st January until 31st December?

There are some rules for Coronavirus in place:
https://www.gov.uk/holiday-entitlement-rights/calculate-leave-entitlement

So as long as you have taken 20 days holiday, your employer can ask you to carry up to 8 days over. I don't think they can force you to take payment for them instead. 

getmore4less

When did HMRC become  the place to take enforcement of working time regulations?

getmore4less

Jillanddy said:

getmore4less said:

When did HMRC become  the place to take enforcement of working time regulations?

As I am told, as with Living / NMW, there is a gateway reporting system via HMRC. This permits anonymous reporting. I am happy to be told otherwise if that information is not correct. Of course, in both cases a person is entitled to make a tribunal claim in their own name against their employer. There is still little chance of anything to gain as there is no loss to the OP, but that will help the employer identify the reporting party so much easier and save everyone else from bearing the brunt of their suspicions. What the employer has done may be technically wrong in law, but they have paid for the days - whether they should have or not. Equally, whilst the employer should be allowing 28 days leave in a year, the employee has an obligation to reasonably take that leave, and it could be argued that leaving it until the last minute and then attempting to book at a busy period is unreasonable. There are swings and balances. Sometimes, it is just wise to learn the lesson and not dig any deeper holes.

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