Can This Be Done

[pastafreak]

Due to very low staff numbers, many of us have not taken much of our holiday entitlement. Now, with just under three months left in the tax year, we are being told that some of us will not be able to take all the time we are owed as there is no available staff to cover. So, if I am owed 12 days, I may only be allowed to take 9 of them.
Is this legal?

[wolf63]

Are you losing the days or can you carry them over until the next year?

[goodgoalie]

wolf - I think 'artist' is used very loosely, as E is the actor Stanley Townsend

[goodgoalie]

Oops, sorry, wrong thread

[ubasses]

Found this, scroll down to the final heading, looks like they can cancel leave unless it means you cannot take all your entitlement.
https://www.peoplemanagement.co.uk/experts/legal/refuse-cancel-employees-holiday

[pastafreak]

wolf...I'll be losing days, and have been told they cannot be carried over.
ubasses...I'll have a look at that later, I'm on my way out.

[diddlydo]

Sounds very dodgy. Contact your union asap - I assume you're in one?

[pastafreak]

No union...

[donny48]

Would a decent employer not pay you the holiday pay plus the days pay for each lost holiday ?

[Zacs-Master]

Contact ACAS.

[fiction-factory]

Does this mean you won't have reached the statutory minimum number of holidays (inc public/bank holidays)?

[fiction-factory]

It doesn't help now, I know, but perhaps everyone involved- staff and 'management' should have foreseen this problem a few months ago if so many holidays were outstanding and time was running out.

[ubasses]

Pasta, thought I would have look at the Govt site, and it says in bold that you cannot be refused your leave.
If you like your job, and don't need to take all your leave before the end of your holiday year, you could point out the law, but offer to carry the extra days over to the next year. Then negotiate priority for when you take it.
https://www.gov.uk/holiday-entitlement-rights/booking-time-off-

[diddlydo]

I'm sorry but if you don't belong to a union you're at the mercy of unreasonable employers. Why not join one tomorrow and get them to fight your case?

[ladybirder]

Not necessarily. I negotiated for myself and never needed a union. Pasta can do that I'm sure and she has the law behind her. Go Pasta.

[pastafreak]

Just before Christmas, I checked with our HR man as to how many days holiday I had due...it was 14...now plus 1 more for time done over the holiday period. That is holiday plus long service leave...aprox 5 days for me. My manager(newish) is questioning whether the time has been computed properly, but that's another issue. She is telling all staff in our dept that she cannot give everyone what they are due because it will be impossible to cover for all of us. I questioned whether time can be carried over, and she told us that she was told 'no' by HR. This was discussed in a staff meeting on Thursday, and there are 4 or 5 of us who will be affected. We all submitted the period we want off at this meeting, and will be hoping to hear what she's worked out for us. So yes, we would all be risking losing days we are entitled to if the jigsaw is not done properly...:-(

[Old_Geezer]

Since Thatcher, little point in being in a union either. Still, on a legal point it might have helped. Wave the legal advice at them; let them find the loophole in their favour.

[Old_Geezer]

Point out to HR that it wasn't the staff opting to take leave too late. It was a requirement/favour of/to the company. So they know what they can do with their refusal.

[pastafreak]

In the past we were told, and it was implied, that we could take no time off in October...its frantically busy in the kitchen where I am...and that December was pretty much off limits too. For that reason, I've never taken time off from mid September until January. Yes, you'd think I'd be able to get the time I've got due off then.
I'm concerned now that they will be breaking the law if we do not get our full entitlement.

[Peter Pedant]

well it seems clear - ubasses is good at this
that they can delay your holiday ( no it is not convenient etc) but they cannot then say -
oops you havent taken your entitlement you have lost it
( if you think about it - then everyone would be doing it from Sajid david down)

I dont know whether they can carry it over ( yes ) or pay in lieu ( I think so ) but they have to do one
and not just say - bad luck ....

yes owed - remember to use that word to the employer
I am owed holiday - when can I take it ?

and not Oh please sir tapping cap it is so good of you to allow us holiday at all !

[twix123]

According to the ACAS web site, you can carry over up to 8 days Annual Leave into the next ''holiday year':

https://beta.acas.org.uk/when-you-can-take-holiday

This should be set out in your Contract of Employment or Staff Handbook.

You may be able to get 'cash in lieu' as long as you have taken the Statutory Minimum of 28 days, or pro rata, including any days carried over to the next leave year.