Confirming rights about paid leave

Liquidfox · 25 Aug 2010 at 09:59

The current situation in our office is that there was previously 3 people on the helpdesk. One of these has since left. The job requires that there is always one person on the helpdesk to answer the phones leaving the other(s) to do site visits.

As there are now only two of us, we're currently wondering what's happening about holidays. I've read something here that mentions:

Under the statutory scheme Holidays may not be replaced by a payment in lieu, except where your employment is terminated.

This would lead me to believe that he has to give us our holiday entitlement and cannot exchange it for extra money. Although he can specify when we take it. Just after a little confirmation before we go to him and raise the matter.

Ace Modder · 25 Aug 2010 at 10:01

Correct you have to take 20 days holiday leave, the rest can be extra funds.

WillyNelson · 25 Aug 2010 at 10:01

Liquidfox said:
This would lead me to believe that he has to give us our holiday entitlement and cannot exchange it for extra money. Although he can specify when we take it.

That's how I would understand it, yes.

Gornall · 25 Aug 2010 at 10:02

Only statutory days.

Think its 20 a year you have to have by law. Anything else is usually company loyalty schemes.

Abraham · 25 Aug 2010 at 10:03

Liquidfox said:
The current situation in our office is that there was previously 3 people on the helpdesk. One of these has since left. The job requires that there is always one person on the helpdesk to answer the phones leaving the other(s) to do site visits.

As there are now only two of us, we're currently wondering what's happening about holidays. I've read something here that mentions:

This would lead me to believe that he has to give us our holiday entitlement and cannot exchange it for extra money. Although he can specify when we take it. Just after a little confirmation before we go to him and raise the matter.

He has to make your holiday allowance available to you, but can say you can't take it at certain times, and impose notice restrictions on you taking it.
e.g. you can't take any leave in December as that's a busy time and you'll need to give them 2 weeks notice before any holiday.

There was a big thread around march where someone was trying to take all their holiday before the end of the year but it was being declined. That is your worst case scenario.

rypt · 25 Aug 2010 at 10:07

Abraham said:
There was a big thread around march where someone was trying to take all their holiday before the end of the year but it was being declined. That is your worst case scenario.

Thing is though, if you are entitled to 20 days a year (the statutory days that is) how can the employer refuse to allow you to take them before the end of the year if they are required to allow you to take the statutory amount of days off.

Liquidfox · 25 Aug 2010 at 10:22

They can require you to take them before the end of the year.

Thanks for the information everybody, i haven't taken all of my statutory 20 days yet, but i do get some extra for long-term service that i guess he'll likely want to pay for instead of me taking them off.

Abraham · 25 Aug 2010 at 10:22

rypt said:
Thing is though, if you are entitled to 20 days a year (the statutory days that is) how can the employer refuse to allow you to take them before the end of the year if they are required to allow you to take the statutory amount of days off.

Look at the other thread, it's a lot more complex then just saying they have to or they don't have to. From what I remember it includes whose fault it is you're taking leave then and whether you'd have known you would be unlikely to get it, and whether you've not been able to take that leave before.

rypt · 25 Aug 2010 at 10:26

Abraham said:
whether you'd have known you would be unlikely to get it

That is a VERY flimsy argument, as given enough notice a company can always get some agency staff as cover

Castiel · 25 Aug 2010 at 10:47

Abraham said:
Look at the other thread, it's a lot more complex then just saying they have to or they don't have to. From what I remember it includes whose fault it is you're taking leave then and whether you'd have known you would be unlikely to get it, and whether you've not been able to take that leave before.

No it is the employers and employees reponsibilty to ensure that the employee takes all the statutory holiday entitlement before the end of the year.

Each has a responsibility, however the employer would be in breach of statutory law if he did not give or failed to inform the employee of their statutory holiday entitlement in any given year.

It is 28 days btw not 20 statutory entitlement for a 5 day week. (5.6 weeks).

http://www.direct.gov.uk/en/Employment/Employees/Timeoffandholidays/DG_10029788

Raikiri · 25 Aug 2010 at 10:53

I believe it's 28 days, based on a 5 day work week or 12.07% of hours worked if you do shifts ( I've been looking into it for accrued holiday pay

).

Liquidfox · 25 Aug 2010 at 11:18

I'm guessing most people are saying 20 due to the 8 days bank holidays per year that most of us get off anyways? 28 days if you do work them?

Random_23 · 25 Aug 2010 at 11:23

Sorry to hijack, but my company say you cannot take holidays you aint accrued? (sp) This surley means that every member of staff will only be taking 1 day at time and everyone will be off on the last week?

Basher · 25 Aug 2010 at 11:26

Random_23 said:
Sorry to hijack, but my company say you cannot take holidays you aint accrued? (sp) This surley means that every member of staff will only be taking 1 day at time and everyone will be off on the last week?

Are you new to the company?

Liquidfox · 25 Aug 2010 at 11:36

That would mean you could only take 1.6 days a month, which would mean you'd have to wait 3 months before you could get a week off. With everybody trying to fit that last few days in December. Pretty retarded idea if you ask me.

Random_23 · 25 Aug 2010 at 11:39

I've been with the company 4years almost.

apatia77 · 25 Aug 2010 at 11:42

Liquidfox said:
That would mean you could only take 1.6 days a month, which would mean you'd have to wait 3 months before you could get a week off. With everybody trying to fit that last few days in December. Pretty retarded idea if you ask me.

Just because they have this doesn't mean they use it as it's simply unworkable, it probably only applies to new staff anyway.

Basher · 25 Aug 2010 at 11:49

apatia77 said:
Just because they have this doesn't mean they use it as it's simply unworkable, it probably only applies to new staff anyway.

Exactly. I've only ever seen this used for new staff.

Castiel · 25 Aug 2010 at 11:55

Liquidfox said:
I'm guessing most people are saying 20 due to the 8 days bank holidays per year that most of us get off anyways? 28 days if you do work them?

Bank Holidays are separate from the 28 days statutory holiday entitlement. Bank Holidays are not statutory days, although your employer can give you those days off paid and count them as holiday.

Castiel · 25 Aug 2010 at 12:02

Random_23 said:
Sorry to hijack, but my company say you cannot take holidays you aint accrued? (sp) This surley means that every member of staff will only be taking 1 day at time and everyone will be off on the last week?

It would depend when your start date is and what you will accrue pro rata in your first year.

If your employer is running a scheme where you can only take accrued hoilday then he is setting himself up for staffing problems. Normally the month in arrears pay system ensures no overpayment of holiday if you leave before the end of the year haveing used an entire years entitlement so I fail to see their point.