Holiday Entitlement

[JamesWoodhou]

My contract states I am entitled to 25 days holiday per year.

This year I decided to keep 10 days to the end of the year.

This was signed off by my manager. Now I've been told I can't take all of it, cannot carry it over to 2005 and will have to be paid for what I don't take.

Where do I stand legally? If I take my days as previously signed off could I be sacked?

Thanks in advance.

[Hgrove]

I do not know the directive concerned, but I do know that if you work in the public sector, your employer has to abide by the directive straight away, whereas if you are in the private sector, your employer is not obliged to follow the directive until such time as it is transposed into national law.  As well as the CAB I suggest ACAS and/or a law centre.

[Marsh]

There are also rules on how much notice must be given of a change to holidays previously agreed.  If your manager hasn't given you enough notice you can safely take your holiday. I think it is twice the length of the holiday but don't take my word for it.

[Marsh]

No, it's not twice the length in this case - read about it at http://www.crutes.co.uk/content/press_releases/july2_03. htm

[EUlaw]

 

There is no new EU working time Directive that would prevent you carrying holiday entitlement forward from year to year. The Directives 93/104/EC and 2003/88/EC simply prevent your employer from allowing you to carry forward your statutory minimum holiday entitlements from year to year (ie: 20 days, including public holidays). Nor is there a statutory notice period for taking up holiday entitlement. I do not know why you have been given the wrong guidance from others.

Regards

EULaw

[EUlaw]

 

Directives 93/104/EC and  2003/88/EC (as incorporated into UK law through the working time regulations) only restrict your employer from carrying over your statutory holiday entitlement of 20 days per year (including public holidays) . There is no law to prevent the carry over of days that are provided in your employment contract that are in excess of the statutory minimum. Nor is there any legal provision requiring you to give due notice before you may be granted annual leave, although there may be restrictions upon you through the terms of your employment contract.

Regards,

EULaw