UK Law re: Unused Paid Leave/Holiday Entitlement

[DJT75]

Hi

Just a quickie, hoping someone can assist with this. My company has just sent out a general email worldwide indicating that if you haven't already used up you holiday entitlement for 2005 you need to before the end of the year or lose it. (holidays run from 1st Jan to 31st Dec)

As you are all being aware, we have a "Use it or lose it" Vacation Policy!

Our Vacation Policy does not allow carry-over of unused vacation time into the next calendar year. (As with any rule, there are exceptions. Some EMEA countries have laws that mandate that accrued vacation must be allowed to carry-over to the next year or further on.)

I know in Italy for example this is illegal so my colleagues with Italian contracts can transfer any unused holidays to 2006.

Does anyone know of a law in the UK that would allow us to do the same?
thanks

Not that I am aware - different Euro countries have massively different working regulations (just don't get me started on France and RTT). Some companies allow you to carry up to 5 days over to March the following year, but pretty certain this is not a requirement. You could always see if they would let you book holiday from next year with this years' entitlement.

Employers also have a duty of care to ensure that you take adequate time away from work, this is them discharging their responsibility.

[Ian J]

Not only is it legal in UK to ask employees to take their annual leave within a certain period or risk losing it but it's also fairly standard practice.

[mrtbag]

Originally Posted by DJT75

Hi

Just a quickie, hoping someone can assist with this. My company has just sent out a general email worldwide indicating that if you haven't already used up you holiday entitlement for 2005 you need to before the end of the year or lose it. (holidays run from 1st Jan to 31st Dec)

As you are all being aware, we have a "Use it or lose it" Vacation Policy!

Our Vacation Policy does not allow carry-over of unused vacation time into the next calendar year. (As with any rule, there are exceptions. Some EMEA countries have laws that mandate that accrued vacation must be allowed to carry-over to the next year or further on.)

I know in Italy for example this is illegal so my colleagues with Italian contracts can transfer any unused holidays to 2006.

Does anyone know of a law in the UK that would allow us to do the same?
thanks

I don't think there is much employment law to cover this, more that it depends on what your contract of employment states. I know my employers, will look to be sympathetic if you need to carry over a few days, but we also have it in our contracts that holiday carry over is a no no.

[richjthorpe]

In the companies I have worked for, you can take up to 5 days over to the next year as long as you use the 5 days before March 31st.

If it's their policy though, then that usually stands. Tell them you want the last 2 weeks off before Christmas

DTI's working time regulations information may help you here:

http://www.dti.gov.uk/er/work_time_regs/wtr0.htm

[Bristol Pete]

I left the civil service with 17 days holiday due which sounded lovely - a nice sum of cash I thought! However, I was informed that it is based on my holiday year which ran from March - Feb each year. As such it was whittled down to 4.5 days, then rounded down to 3.5 and another day was used to clear my flexi balance - despite me giving the blasted place my all for seven years.

In all with Tax and NI I got about 180.00 quid!!!!

Farcical really!

Pete.

[JohnG]

I've lost holidays every year for the last 4 years and am determined not to do it again this year, nobody thinks any better of you for not taking the holidays.

[DJT75]

Thanks all. In conclusion - nope there's no law to help us carrying over unused days unless specified in your individual employment contracts.

ps. Whilst researching this some more on the link Chumpy provided,. By law, our employers can make us take Bank Holidays as part of our annual leave - so we'll keep that one quiet eh!! :-)

[pjclark1]

You are supposed to use your holiday leave so why don't you?

[JonMace]

Originally Posted by DJT75

Thanks all. In conclusion - nope there's no law to help us carrying over unused days unless specified in your individual employment contracts.

ps. Whilst researching this some more on the link Chumpy provided,. By law, our employers can make us take Bank Holidays as part of our annual leave - so we'll keep that one quiet eh!! :-)

Yep and they could force you to take it at certain times in the year to.

[unique]

i work in payroll, our holiday year is the same period, the calendar year, and i reguarly get complaints from people who won't use it and then use it. i don't know what they expect us to do if they won't take holidays. the law changed a couple of years ago so you can't be paid for holidays unless you either take paid leave, or if your employment ends permanently. the reason for this is due to unscrupulous agencys paying 8% of salary as "holiday pay" in each weeks pay packet. they tell you your own £8 an hour, and you find out you get £7.40ph plus 60p an hour holiday pay (or however that equates) as a way to avoid paying holidays.

the idea of paid leave is so you can go on holiday and get paid the same as you normally get when your at work, not so you can save up holiday entitlement and get paid a lump sum

by statutory law, everyone is entitled to a minimum of 4 weeks paid leave per year (pro-rata), but i understand this is increasing from 20 days to 28 days for full time staff

bank holidays, public holidays etc, can be included in the holiday entitlement, there is no right for anyone to have any of these days as paid leave, likewise xmas day, new years day, etc, every day is a normal working day, its up to you how you take your holidays, however your employer can insist you take holidays at fixed or specific times. they just have to give notice of twice the lenght of the time you are to take holidays

your employer doesnt even need to remind you about the use it or lose it policy. they are doing you a favour by prewarning you. your employer could reasonably disallow any request for time off though, such as you asking to take the end of the year off

[DJT75]

Originally Posted by pjclark1

You are supposed to use your holiday leave so why don't you?

Cos some people get 25 days per year, use only 20 & have no reason to take the other 5 before christmas. It would be wasted days doing nothing whereas 30 days next year would mean they could have some serious holidays abroad.

I've been so busy this year, without sufficient cover that when i do go away it's a nightmare to come back too - It kinda puts you off taking them (I always do but seem to have week off in December every year when there's nothing to do but xmas shopping)....

[unique]

Originally Posted by DJT75

Cos some people get 25 days per year, use only 20 & have no reason to take the other 5 before christmas. It would be wasted days doing nothing whereas 30 days next year would mean they could have some serious holidays abroad.

I've been so busy this year, without sufficient cover that when i do go away it's a nightmare to come back too - It kinda puts you off taking them (I always do but seem to have week off in December every year when there's nothing to do but xmas shopping)....

theres no reason why you have to take holidays in week long chunks, you can take several long weekends instead of taking 5 or 6 weeks off.

at this time of year when staff end up having a load of entitlement left to take, but line managers dont/cant have them off for a week, i usually suggest they work 3 days and take 2 days off or similar until the end of the year, however most companies wont mind staff taking a week or two off at xmas (depending on type of business of course)

when you have a lot of entitlement and want to carry weeks over into the next year it doesnt really help as you just have more weeks to take then. if you cant take your normal entitlement one year, there is a good chance you cant/wont take it all in time the following year, and it can become an issue for line managers to squeeze yet another weeks holiday cover

the way i see it is if you have 6 weeks holiday a year and cant/wont take it within a 12 month period, how are you going to take 7 weeks next year if we let you carry over a week? especially if you have problems getting cover when you are off. shorter more regular breaks may be more beneficial to all

[lynx]

Originally Posted by unique

by statutory law, everyone is entitled to a minimum of 4 weeks paid leave per year (pro-rata), but i understand this is increasing from 20 days to 28 days for full time staff

Define ''full time staff''. It is unlawfull to treat part time workers less favourably than their full time counterparts (in respect to holiday leave).