I still have 13 days of holiday left out of my 21 per year. My boss is telling me that he can’t let me use them till the end of the year because it’s too busy, I can use only 6-7. And that I will just loose the rest. We have a new payroll system called MSS which is absolutely rubbish and it won’t allow you to use the holiday from this year after 31.12. I don’t like the explanation that " I loose 12 days of mine holiday so it shouldn’t be a problem for you" which my boss is giving me.
Does anyone of you know what the law says? In my country if I have 21 days of holiday in my contract per year, if I won’t use all of them the company has to pay me the equivalent for the unused ones. Is it the same in the UK?
That’s the same in Brazil Rottie! If you don’t take the holidays you will be working for free mate! Not sure about the English law but they should pay you to be fair. Perhaps Tony has a better answer to you? Are you there Tony?
As unbelievable as it is, it’s true! You need to talk to the Citizens’ Advice Bureau now to see what they’d suggest. In the meantime, find out when the leave year finishes, as in every bank I’ve worked at the leave year ended in March, in which case you’d have to take your holidays by the end of March. To be honest, I’ve never heard of people losing holidays, as where I’ve been, they’ve paid up to five days in cash, anything beyond that, you lose.
Unfortunately, you cannot even call in tomorrow to say you’ll be off, as you need to give them notice equivalent of twice the length of your proposed leave.
If you cannot use up all of your four weeks’ holiday in one leave year, you cannot carry it over to the next leave year. The law does not let your employer pay you for holiday you have lost because you have not been able to take those days off.
If your employment contract gives you holiday on top of the holiday the law gives you, you may be able to carry over some of the holiday your contract gives you to the next leave year if your employment contract lets you. If your employment contract gives you holiday on top of the holiday the law gives you, it may also say you can have pay instead of any of this extra holiday that you have not taken.
If you cannot use up all your four week’s paid holiday because your employer will not let you take the holiday before the leave year ends, you should seek the help of an experienced adviser, for example, at a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB.
As long as they have refused to let you take your holiday entitlement you would have grounds for taking them to a hearing. Most contracts basically say that you get x days holiday and that the holiday calendar runs from a to b. You are expected to take your holiday during this period at a time convenient to the comapny that you work for. Its usually very open ended and basically errs on the side of the company. Most companies will pay you some holiday and let yopu carry five days over into the next entitlement period.
You really need to take your employment contract and company handbook and talk to someone who is qualified in employment law. As above, Citizens Advice is a good place to start. They can advise and if they think it worth it will put you in touch with some legal beaver who specialises in that area.
You have the right to the holiday stated in the contract.
Make sure the contract states which times are inappropiate for the business.
if it states ‘need of the business’ they should allow you to take when it is convienient for them and they still give you your entitlement for the following year. ‘need of the business’ does mean your ass belongs to the company… but… the company have to give back your time within a 26 week period. reguardless of the time of year.
so, is basic terms, if contract says not at christmas, then you lost it and should have taken it before.
If it says need of the business then you work but they have to give it back to you within a 26week period (6months)
Most employers want to keep their staff and let them take a few days into the new year providing they are taken in the first Quarter. In certain circumstances employers will allow addition days to be carried over particulary when they have refused to allow time off. I don’t know of the computer system your company uses,however, I used to run a time management system foran accountants and I never had trouble adjusting the holiday entitlement of individual employees. One thing has remained constant in all places I have worked, make your application for annual leave in writing and get your employers refusal in writing (I think that then shows who has broken the contract) If you work Mon-Fri there are only 12 working days left to this year, your employer may say that you are unreasonable to expect two weeks off a short notice,but I think they may have to prove a hardship and that may be hard to do with so many companies on a wind down to christmas.
I don’t work in human resources or employment law, these are just little pointers I have picked up over the years, I hope some of this helps.
Holiday should run from the business year what is 2nd of april to 1st of april so you should be entitled to it if there is no holiday run time then they are buggerd
the other thing is when did you start if you have not completed a full year as yet it may run from the start of your contract with the company also the company knew you had days left so they should of informed you at a time where you could of taken it or warned you if you dont
I teach people to use Payroll software and I have to say, it is tough really.
Provided that the employer hasn’t clearly obstructed your ability to use your holiday in the year allocated (but they can refuse holiday for specific dates) and your contract lays out the terms of the holiday entitlement, you ain’t gonna do owt but make yourself unpopular.
Most people’s holiday schemes require holiday to be taken in the year as it screws up work schedules. But some do allow it, even allowing staff to borrow from the next year! Rare though.
At Sage, my previous job, I had to book my holidays (of more than 4 consecutive days) 6 months in advance!! And it was tough if I didn’t.
Not if you work for an American company it isn’t, year end is just that - 31st December.
Sounds like you are being shafted Rottie. My place atleast lets you carry over 5 days, ideally to be used within the 1st quater but not strict. Anything over that and you lose them, luckily though Christmas generally winds down so getting time off isnt an issue.
Get onto HR mate, someone you trust. Drop the lines C.A.B and Working Time Directive into the conversation and see if they’ll atleast settle for the usual 5 days that most people get.
Dude it’s likely to be all in his contract. If he signed it then that’s it. There are no rules I know of that dictate whether you have to be able to carry unused holiday over. It’s discretionary I think.
I’m sure there are rules about how many days min you can take, and provided the employer can demonstrate that there was no hinderance (in place for the whole year) to him doing so, it’s down to him.
Our software has this carry over thing as an option, which means exactly that, and in 15 years of payroll/accounts training I’ve not come across such a rule.
Rottie, mate, just be careful you don’t make yourself unpopular by threatening action unless you are 100%.
I just read that on this site.
