Holiday entitlement

SiliconChip

It turns out that HMRC is one of the agencies that is not responsible for WTD enforcement. The HSE website says that the employee should go to ACAS first, and that formal enforcement is the responsibility of a range of agencies.

https://www.hse.gov.uk/contact/faqs/workingtimedirective.htm

Tyton01

Hi thanks for help with this matter some very interesting points I agree with what’s been said  on many things regarding booking holidays the problem for me and perhaps many others is that we been furloughed most of this year so been difficult for me to plan ahead re holidays as wasn’t sure if even had job to go back  couldnt book far in advance saying that I could of booked Christmas off earlier I guess but wasn’t in work anyway I won’t go on about it any longer but I do feel some employers don’t communicate that well with staff on certain things  and you are don’t really know what goes on behind the scenes  just look at story today about Sainsbury’s asking staff to work Boxing Day when we’re promised it off due to their great work during lockdown.

Tyton01

Hi I agree still lots of uncertainty  which is very worrying  now  just can’t see us getting back to normal anytime soon others thinks not helping such as inflation. Energy costs  too many people on insecure contracts like zero hours which they use a lot in hospitality  maybe furlough be reintroduced next year for some  if we get locked down but we shall see

74jax

getmore4less said:

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.

Provide the link...

https://www.citizensadvice.org.uk/work/rights-at-work/pay/getting-paid-less-than-minimum-wage-or-living-wage/ 

This link gives hmrc as an option to report to. 

NCC1701-A

getmore4less said:

Jillanddy said:

getmore4less said:

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.

Provide the link...

As I said, I was TOLD this was the case. If it isn't then sorry. I don't claim to be an expert, and I am just saying what a union rep told me some time ago when discussing annual leave.  The OP can of course put their name to a tribunal claim., as I said. Do you have a better idea or some better strategy?

I hope you are not in a position that represents a company like HR  when you failed to verify something  you were told by a union rep.

Do you go through life verifying everything anyone tells you? 

SiliconChip

74jax said:

getmore4less said:

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.

Provide the link...

https://www.citizensadvice.org.uk/work/rights-at-work/pay/getting-paid-less-than-minimum-wage-or-living-wage/ 

This link gives hmrc as an option to report to. 

But that's not got anything to do with holiday entitlement, which is what this thread is about.