Employment law: holidays

jaybro187

Well-known Member
I juat wondered if any one was up in this. Basically I have a wedding to go to next june 2015 and its my brother in laws to be wedding. Its important to go to this so ive l put a long weekend off in middle of june next year to only be told tough you cant have it off because it might be busy (I work in retail). I dont want to sour things with management and take it further but can't believe I cant have time off over a year in advance.

Ps they said "we will tell you when you can have time off"
 

captainarchive

Distinguished Member
You have no rights as to when you can take your holidays. Management can refuse on the basis of needs of the service I'm afraid.
 

captainarchive

Distinguished Member
Where I work they do it on the basis of how long you've worked with the company so those who've been here 20+ years get first refusal. I've been here less than a year so I had to have my summer holidays in October.
 

jaybro187

Well-known Member
Im very similar to you. Im sick of people In certain jobs who moan about this and that but yet get every weekend off every bank hols and acrue leu days and fin at 5 mon to fri. Im only allowed to use up 1 week a year hols which of the 7 days 2 is my regular days off. I lose all my hols and leu every financial year
 

Kailash

Well-known Member
what retail sector do you work in, seems pretty harsh with that much notice
they must have few staff too that they cannot get cover
 

phillyd1981

Well-known Member
Im only allowed to use up 1 week a year hols which of the 7 days 2 is my regular days off. I lose all my hols and leu every financial year

That is against the law as a full time worker you are legally entitled to 28 day as minimum per year paid holiday (assuming you work 5 days a week). Your employer can dictate when you can take your holiday days But is legally bound to give you 28 days per year.
 

moranicdays

Active Member
Put that you have been told,you can not have this time off to your HR department they should back you up
Make sure you do this in writing or email so you have a paper trail
 

Sve

Banned
Im very similar to you. Im sick of people In certain jobs who moan about this and that but yet get every weekend off every bank hols and acrue leu days and fin at 5 mon to fri. Im only allowed to use up 1 week a year hols which of the 7 days 2 is my regular days off. I lose all my hols and leu every financial year

Sorry but that is a load of rubbish. You are legally entitled to take your full compliment of holidays every year (even if your employer states when you can take them). If you are not taken them due to your employer not allowing you, you need to get the relevant authorities involved.
 

jaybro187

Well-known Member
True but they say the only time I can take my holidays is when I cant therefore cant take them. I.E say jim has his on this date and we give bob this date so jamie can only have his this date. Oops no he cant because its Christmas or easter or school holidays which is a busy period so im afraid you cant have that week off. I lost a lot of money last year I booked a holiday abroad paid up they said I could then 2 weeks before I went told I couldn't. Missus wasnt pleased. 2k down the drain
 

jaybro187

Well-known Member
Thanks but as it states your employer can chose when you have time off. Then if your time off is when you cant have time off you lose your hols. Its a bit like telling a footballer he can leave the club but only in sept. Transfer deadline has passed end of august
therefore he cant leave
 

moranicdays

Active Member
Your HR department will say different if you put it in writing to them as you have given way over the time needed for any cover
As HR will not like that you may feel you have to leave your job to take holiday resulting in what could be a court case for your managers actions
 

captainarchive

Distinguished Member
Thanks but as it states your employer can chose when you have time off. Then if your time off is when you cant have time off you lose your hols. Its a bit like telling a footballer he can leave the club but only in sept. Transfer deadline has passed end of august
therefore he cant leave
So are you saying your employer tells you you can take your leave first week in september but you want to have leave in July. And because you can't have leave in July you don't take the leave in September? Why don't you take the leave anyway?
 

TheBlueBrazil

Well-known Member
Thanks but as it states your employer can chose when you have time off. Then if your time off is when you cant have time off you lose your hols. Its a bit like telling a footballer he can leave the club but only in sept. Transfer deadline has passed end of august
therefore he cant leave

Sorry but they are taking you for a ride here.

You are entitled to these holidays. Even if it's a time when you don't want them you still get them. They can't say you need to take them in July and then say you can't take them in July because we are too busy.

There is some good advice already mentioned here but for the avoidance of doubt they are taking you for a ride here.

You should really find another job here as this sounds very strange.
 

moranicdays

Active Member
Please don't take this the wrong way,if you lost two grand before from them messing you around with your holidays
You need to sort this out,stop thinking about what your manger is going to say and grow some balls and stand up for yourself
If my managers ever made me lose one bit of holiday or money out of my pocket they would be on there knees as I would drag them into a major fight over it
Stand up for yourself
 

njdbaxter

Well-known Member
Cover isnt the issue. And cant say sorry otherwise id be breaking the law by mentioning them
ehh, what law is this?

full time workers are entitled to 28 days leave a year which may include bank holidays. bank holidays do not have to be given as paid leave. An employer can choose to include bank holidays as part of a worker’s statutory annual leave.

Although employers can refuse to give leave at a certain time, they can’t refuse to let workers take the leave at all

if you had submitted leave requests during the year which were denied, and end up with unused leave, then they should pay this still. just make sure you give requests of leave and have it recorded, that way if you leave, an employment tribunal would order they to pay untaken leave going back years
 

gamingboy

Well-known Member
P45 time if you're in a situation to do so. It sounds like they're offering you your holiday when they know that you can't take it. Or they're taking advantage of your nice nature.

Many years back I started a new job and had a six month probation period. I worked unpaid overtime. At least an average of 1 hours a day just to get jobs complete and to put that extra effort in. Left early to travel 100 miles etc. Working out of my area that others wouldn't travel to. Always commented on, going well I thought. I liked the job and wanted to progress.

One week short of completing my probation I had the flu. I was paid this week as sick pay. Then a month later it was taken out of my pay leaving me short. My direct manager me informed me that it was management discretion and they had decided not to pay it. Which my contract did state, but I thought at first fair enough they've noted my hard work and decided to pay.

Fine I thought. No more overtime etc. I finished on time every day from then on and worked to my contract. When asked about unfinished jobs I'd quote the level of work and the time given and ended having to go back the next day and having my jobs shuffled around. In the long run they lost out. As I worked to the defined times per job that they had set and all jobs were always longer. Where previously I wouldn't take my lunch so that I could drive to another job and just eat whilst working. Now I would sit in my car for an hour and then it would be too late to start the job as by the time I took one hour lunch and arrived at the next site it would be too late to start.

Also when I asked for holiday during a busy period for a wedding. Much like yourself, but a few months in advance I was told no. Yet my manager who actually worked in the same job as me went on holiday for a week. Shortly afterwards I left. A company who takes and takes is not for me.

Others will no doubt say it's in my contract not to pay sickness in the first six months, but two things stick with me. It was one week short and I'd never been off, or late and had been noted for working hard. Them playing so tight to the rules made me do the same and soured the working relationship for both. Although they couldn't say anything. As I was working to my contract.

I was happy to be flexible, but if they can't why should I?

Sorry to drag on, but my point is that there are plenty of employers out there who are reasonable and look after their employees.

I've had other jobs since where I've worked during my holiday if something happened because they've been flexible with me when I needed a half day off, or needed to work from home etc. It needs to be a two way relationship for me. It doesn't sound like it is for you. You should go somewhere where they actually are flexible and not just for their own needs.
 
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kBm

Distinguished Member
Whilst technically correct, any employer that can't accommodate a long weekend given over a years notice is pretty pathetic.

Completely agree. If a employer was being funny with a holiday for a family wedding with over a years notice, I'd be looking at what value they are placing on their employees. I would be asking if I should be looking elsewhere for future employment.
 

tbc

Banned
I'm a bit confused here, are you saying that you have been denied your 28 days per year most years, because you haven't been given your holidays in time or not at all before the end of the tax year?

Seeing as you have been messed around by your employers previously, I honestly don't understand why you bothered to even put the request in, I would have said nothing and pulled a sickie for the event and only put in holiday requests for 'non important' times. You really need to take the bull by the horns and stand up for yourself, they seem to be taking the proverbial pee.
 
They're walking all over you, they can't not allow you to go on holidays.

Also are you correct they can dictate when you can go? (don't think so, take them when you want)
 

RBZ5416

Distinguished Member
ACAS suggest that notice of leave should only be a minimum of twice the period requested. As others have said, rejecting a request over a year in advance is ludicrous. As is refusing to let you take your full entitlement. As for you having to cancel something paid for, they should at least have compensated you.

I'd suggest giving ACAS a call as they will advise you best on how to address this formally.
 

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