Soldato
Which pub chain is this, out of interest?
Company not allowing holidays and not paying for them
- Thread starter ColdAsIce
- Start date
Soldato
They are not allowed to transfer statutory leave to the following year but both official sources I can see say that in the instance where you can't take your leave that they are obliged to pay. It doesn't say that they can pay for it but it does say if you can't take the leave then they are obliged to pay.
details?
There is too much scope for the employer (especially a large chain such as this) to make alternative arrangements for the employee to be given the time off.
Details such as this WOULD be used in an Employment Tribunal
and what two official sources?
They are responsible for ensuring that the employee has taken his entitlement. They cannot remove it by saying he didn't ask for it.
For the employer, under EU law, the employer must allow the employee to take at least 4 weeks paid leave. If they take less than this then it cannot be carried over.
However, under UK law the entitlement is 5.6 weeks, so an empolyee can arrange to take the additional 1.6 weeks in the following year, but all holiday must be taken by the end of that year.
The employer cannot refuse request for entitlement knowing that the employee would lose that entitlement as a direct result of the refusal.
An employer must allow a workers annual leave entitlement right at the end of the leave year to ensure that they have taken the full entitlement of 5.6 weeks. it is unlawful not to do so.
Courtesy of my Human Resources manager.
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Soldato
http://www.acas.org.uk/CHttpHandler.ashx?id=955&p=0
and http://www.direct.gov.uk/en/Employment/Employees/Timeoffandholidays/index.htm
the former actually says that 8 days of the statutory 28 can be taken over into the next year.
bottom of page 9 and top of page 10 are the most relevant bits of the ACAS leaflet.
and http://www.direct.gov.uk/en/Employment/Employees/Timeoffandholidays/index.htm
the former actually says that 8 days of the statutory 28 can be taken over into the next year.
bottom of page 9 and top of page 10 are the most relevant bits of the ACAS leaflet.
Soldato
as that corresponds with what I just posted, I agree wholeheartedly
On 1 April 2009 the minimum holiday entitlement rose to 5.6 weeks (28 days if you work five days a week).
You cannot exchange any untaken leave for pay.
http://www.direct.gov.uk/en/Employment/Employees/Timeoffandholidays/DG_171945
You cannot exchange any untaken leave for pay.
http://www.direct.gov.uk/en/Employment/Employees/Timeoffandholidays/DG_171945
Soldato
in the UK, EU-wide minimum is still 4 weeks, and as such the 1.6 weeks can be carried over.
If you look at the ACAS leaflet I posted it is actually about the increase on 1/4/2009, so I'll take that as being correct.
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Soldato
In my old workplace, a lot of people didn't take their holidays before April and March was a nightmare. We had to allocate them time off, and they had to like what they were given. It's their responsibility to book their time off. IIRC if we couldn't fit them in, we'd pay them but would try to avoid that where possible.
Soldato
they are which is why there are two different minimums. the EU one cannot be carried across, the difference between the two can be if this is agreed between the employer and employee. It clearly states that in the ACAS leaflet, why are you arguing the point?
Fair enough, but this particular point comes down to the employees contract of employment. It must be a contractual point either:
* have an arrangement that workers must take their full statutory entitlement of 5.6 weeks in any leave year
* allow workers to carry over any of the additional 1.6 weeks that remains untaken into the next leave year
I'll give businesslink a ring, as i've always insisted the full 5.6 weeks is taken off in a year for all of our staff. But then again, it's a contractual obligation with no options here
Soldato
See that's where I think it becomes murky water, because companies can impose what restrictions they like on your leave, they can say when you take it. But I suppose in the instance where they have allowed you to not take it then they would be obliged to allow it, but for 4 weeks you'd have to give 8 weeks notice, at which point they could refuse your request and allocate your 4 weeks worth of days as they see fit, so long as they give you 2x the length of the holiday as notice.
Soldato
for an agreement between employer and employee it doesn't have to be contractual, it could arise in a situation like the OP where they might say they can't allocate the leave during March but will allow it to be taken in April (8 days of it anyhow)
The company is legally obliged to inform you of your entitlement. It would have to give you your entitlement by the end of the holiday year, in this case March 31st. It can arrange to carry over 8 days, but it cannot refuse to give it to you by the end of March, even if you asked for your four remaining weeks with only five weeks remaining of the year they would have to give it to you.
At our place if you have days left to take for holiday they inform you with a letter, and give you so long to book some, and if you don't they give you the days you can have.
They can refuse the days he want, but they cannot stop him from having them at all. They will have to tell him what days he can have off, if it's fully booked up thats the companys fault for not keeping an eye on holidays
They can refuse the days he want, but they cannot stop him from having them at all. They will have to tell him what days he can have off, if it's fully booked up thats the companys fault for not keeping an eye on holidays