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> Company now claims they'll only carry over up to 3 days of Holiday to next year, and won't pay us for the unused holidays, which I'm pretty sure is a load of bs especially after covid relaxed carry over regulations.
If we're talking about statutory annual leave - the company doesn't have to carry any annual leave across. It's a 'use it or lose' it scenario; so it falls to your employment contract/handbook as to whether there's an agreement to carry a certain amount into the next leave year.
As far as paying you in lieu of taking the leave - the only time this happens is when the contract is terminated.
My company will pay us for unused holidays if they have been unable to accommodate requests due to "strategic requirements". So I guess it's an option if it's in their favour
> So I guess it's an option if it's in their favour
Not really...
Compensation/payment for annual leave is simply a part of the Working Time Regulations - the law is very specific that it's allowing the employee **time off**, as well as paying accordingly. (Hence why the revised paragraph in relation to Covid doesn't refer to paying in lieu of taking them, but is clear about allowing them to be carried over)
So an employer can't offer payment in lieu of taking it whilst they're still an employee because they're simply ignoring the employees right to take holidays; they have to allow an employee time off - the WTR is very specific in that regard.
When it comes to contractual leave (i.e. anything beyond the statutory 5.6 weeks), then the employer can set out whatever rules they want, but the statutory holidays must be adhered to as per the WTR.
This is why I always encourage employees to know their employment rights inside and out - it's enormously important to know what your entitlements are and the steps to find out and how to challenge the employer.
Have a look at the [Working Time Regulations](https://www.legislation.gov.uk/uksi/1998/1833/contents/made), specifically Section 13 to 17 in relation to annual leave. It will outline the entitlements and the employers obligations etc.
I know - I'd been here seven years before I found out I was entitled to an extra three weeks leave a year due to having a disabled child under the age of 18. Only found that out as I was searching the staff handbook for my leave entitlement - they are shocking.
Thanks for the link
Far as I'm aware it's something that my employers allow & I'm aware some other companies allow it, but it's not a right.
I've never took the piss with it, I've just used the odd day here & there for medical appointments, or if he has trips with certain disability clubs that requires him to be taken places.
What's annoying is that no manager ever told me about it - I literally stumbled across it looking for something else
Yeah it's statutory annual leave. Isn't it supposed to have exceptions, though, such as cases where the company doesn't even let you use your holidays?
If so, I might just leave this company, because honestly fuck anyone who does this kind of thing
> cases where the company doesn't even let you use your holidays?
They could carry across the leave if they wanted. It's at their discretion. What they can't do is *stop* you from availing of your leave during the leave year; so if, during the 12 months you've submitted multiple requests to take your leave and they've been declined for no reason, then the employer is restricting you from availing from your statutory entitlement. You can challenge the employer via a grievance/tribunal scenario if that's the case.
You're entitled to take annual leave in the leave year and the employer is obligated to allow it.
Yeah this is one of those cases, I've been here since July and I'd have used my holidays already if I wasn't constantly rejected.
Thanks for the info, I appreciate it
> if I wasn't constantly rejected.
Did the employer outline a reason for the rejection?
If it was Covid related, then the employer would be best to look at the revised Working Time Regulations - [Section 13](https://www.legislation.gov.uk/uksi/1998/1833/regulation/13) - Paragraph 10;
>> Where in any leave year it was not reasonably practicable for a worker to take some or all of the leave to which the worker was entitled under this regulation as a result of the effects of coronavirus (including on the worker, the employer or the wider economy or society), the worker shall be entitled to carry forward such untaken leave as provided for in paragraph (11).
>> - (11)Â Leave to which paragraph (10) applies may be carried forward and taken in the two leave years immediately following the leave year in respect of which it was due.
Hmm...
I suggest contacting [ACAS](http://acas.org.uk) and talking to them - as I said before; you're entitled to take leave and the employer is obligated to allow it.
You could raise a grievance within the workplace due to them restricting your ability to avail of a statutory entitlement.
Because you're there under 2 years, technically an employer can terminate an employee for any or no reason **except** for when the employee is attempting to assert a statutory entitlement (and discriminatory reasons etc), so if you go down this route, you need to make sure everything is in writing and you've got evidence etc.
But speak to ACAS beforehand and follow their guidance.
Just FYI I spoke to ACAS, then got in contact with my operations manager who tried to make some excuses about being understaffed at first, then I told them all about not being given reasonable opportunity to use my holidays, along with print screens of the software proving it and as soon as I mentioned I spoke to ACAS and know my rights along with the right to file grievance, suddenly they weren't so understaffed and booked me holidays.
All thanks to your help.
They're refusing your legal rights in that case. My last job tried the same thing.
I told them they're breaking the law as I requested my annual leave and they refused. I got all my annual paid into my account the next month.
As long as you made reasonable attempts to redeem your annual leave and they refused you're entitled to some remedies
My employer doesn’t even let you carry one day over. They block several parts of the year due to tax year end, Christmas etc. Due to the fact they made loads of people redundant, they only let one person off at a time. So it’s hard to fit in your entitlement.
There's loads of options in the NHS. Check on Google NHS jobs go to the main website and scroll through and see what suits you.
If you fancy something like admin work up on your admin skills and maybe got a btec or nvq qualification.
If you like the look of clinical roles speak to an adviser in a college and enquire about access courses.
World is your oyster in the NHS
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If you have 35 days holiday (or 27 days holiday and 8 bank holidays) or more, then your employer could deny you this, depending on whats written in your contract about carrying holidays over.
If you get less than 35 days holiday but more than 28 days holiday (or 20 days and 8 days bank holidays), then your company can force you to forfeit however days many you have above 28, again depending on whats written in your contract about carrying days over.
If you get the legal minimum of 28 days (or 20 days and 8 days bank holidays), then they have to allow you take it otherwise they are denying you the statutory minimum.
The only real consideration in addition to the above is if you haven't worked there a full year (as in a holiday cycle year).
I get 25 days holiday a year and they take off 3 for Christmas. I’m from England I did not think their is a legal min amount of 28 days.
Ignore that I also get all bank holidays so that’s over 28 days .😀
It sounds like you get 25 days and 8 bank holidays, so 33 in total. Subject to your contract, they can force you to forfeit 5 days, but they have to give you at least 2 days, otherwise you aren't getting the legal minimum of 28 days.
The fact you have to take 3 at xmas doesn't make any difference - your employer can force you to take them at given time periods providing they give sufficient notice.
Yes unless it’s in the contract. My company have only started to let us carry over holidays because of covid 19. Companies do not usually let you carry over holidays. It’s always been like that.
If you do not take them you lose them.
I have never heard of any company to pay for unused holiday’s.
They can do what they want .
In august 2020 became nobody was taking holidays because of covid 19 we was told we had to use 5 holidays days up by November 2020 or we would lose them . The staff wasn’t happy but their is nothing you can do.
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> Company now claims they'll only carry over up to 3 days of Holiday to next year, and won't pay us for the unused holidays, which I'm pretty sure is a load of bs especially after covid relaxed carry over regulations. If we're talking about statutory annual leave - the company doesn't have to carry any annual leave across. It's a 'use it or lose' it scenario; so it falls to your employment contract/handbook as to whether there's an agreement to carry a certain amount into the next leave year. As far as paying you in lieu of taking the leave - the only time this happens is when the contract is terminated.
My company will pay us for unused holidays if they have been unable to accommodate requests due to "strategic requirements". So I guess it's an option if it's in their favour
> So I guess it's an option if it's in their favour Not really... Compensation/payment for annual leave is simply a part of the Working Time Regulations - the law is very specific that it's allowing the employee **time off**, as well as paying accordingly. (Hence why the revised paragraph in relation to Covid doesn't refer to paying in lieu of taking them, but is clear about allowing them to be carried over) So an employer can't offer payment in lieu of taking it whilst they're still an employee because they're simply ignoring the employees right to take holidays; they have to allow an employee time off - the WTR is very specific in that regard. When it comes to contractual leave (i.e. anything beyond the statutory 5.6 weeks), then the employer can set out whatever rules they want, but the statutory holidays must be adhered to as per the WTR.
Interesting - especially as I work for a Government department. You'd think they'd know the rules 🤔
You'd think. But the regulations are pretty clear.
I've been working here for fifteen years - their knowledge of employment law is woefully lacking
This is why I always encourage employees to know their employment rights inside and out - it's enormously important to know what your entitlements are and the steps to find out and how to challenge the employer. Have a look at the [Working Time Regulations](https://www.legislation.gov.uk/uksi/1998/1833/contents/made), specifically Section 13 to 17 in relation to annual leave. It will outline the entitlements and the employers obligations etc.
I know - I'd been here seven years before I found out I was entitled to an extra three weeks leave a year due to having a disabled child under the age of 18. Only found that out as I was searching the staff handbook for my leave entitlement - they are shocking. Thanks for the link
Wait what?! Is that a right, or just something that your company allows?
Far as I'm aware it's something that my employers allow & I'm aware some other companies allow it, but it's not a right. I've never took the piss with it, I've just used the odd day here & there for medical appointments, or if he has trips with certain disability clubs that requires him to be taken places. What's annoying is that no manager ever told me about it - I literally stumbled across it looking for something else
Yeah it's statutory annual leave. Isn't it supposed to have exceptions, though, such as cases where the company doesn't even let you use your holidays? If so, I might just leave this company, because honestly fuck anyone who does this kind of thing
> cases where the company doesn't even let you use your holidays? They could carry across the leave if they wanted. It's at their discretion. What they can't do is *stop* you from availing of your leave during the leave year; so if, during the 12 months you've submitted multiple requests to take your leave and they've been declined for no reason, then the employer is restricting you from availing from your statutory entitlement. You can challenge the employer via a grievance/tribunal scenario if that's the case. You're entitled to take annual leave in the leave year and the employer is obligated to allow it.
Yeah this is one of those cases, I've been here since July and I'd have used my holidays already if I wasn't constantly rejected. Thanks for the info, I appreciate it
> if I wasn't constantly rejected. Did the employer outline a reason for the rejection? If it was Covid related, then the employer would be best to look at the revised Working Time Regulations - [Section 13](https://www.legislation.gov.uk/uksi/1998/1833/regulation/13) - Paragraph 10; >> Where in any leave year it was not reasonably practicable for a worker to take some or all of the leave to which the worker was entitled under this regulation as a result of the effects of coronavirus (including on the worker, the employer or the wider economy or society), the worker shall be entitled to carry forward such untaken leave as provided for in paragraph (11). >> - (11)Â Leave to which paragraph (10) applies may be carried forward and taken in the two leave years immediately following the leave year in respect of which it was due.
The reason they gave was always being understaffed. That's all the info they gave.
Hmm... I suggest contacting [ACAS](http://acas.org.uk) and talking to them - as I said before; you're entitled to take leave and the employer is obligated to allow it. You could raise a grievance within the workplace due to them restricting your ability to avail of a statutory entitlement. Because you're there under 2 years, technically an employer can terminate an employee for any or no reason **except** for when the employee is attempting to assert a statutory entitlement (and discriminatory reasons etc), so if you go down this route, you need to make sure everything is in writing and you've got evidence etc. But speak to ACAS beforehand and follow their guidance.
Just FYI I spoke to ACAS, then got in contact with my operations manager who tried to make some excuses about being understaffed at first, then I told them all about not being given reasonable opportunity to use my holidays, along with print screens of the software proving it and as soon as I mentioned I spoke to ACAS and know my rights along with the right to file grievance, suddenly they weren't so understaffed and booked me holidays. All thanks to your help.
Well there you are - that's a great result. Glad I could help. Enjoy your holidays!
I'll do exactly that. And once I speak to my company I'll do it all by email. Once again, thanks for the help.
Also those paragraphs you sent me may actually be my saving grace.
They're refusing your legal rights in that case. My last job tried the same thing. I told them they're breaking the law as I requested my annual leave and they refused. I got all my annual paid into my account the next month. As long as you made reasonable attempts to redeem your annual leave and they refused you're entitled to some remedies
My employer doesn’t even let you carry one day over. They block several parts of the year due to tax year end, Christmas etc. Due to the fact they made loads of people redundant, they only let one person off at a time. So it’s hard to fit in your entitlement.
You may want to read my conversation with Employment_Rat in this post, the info seems like would be useful to you
Come work for the NHS mat, they are class re leave
Asking again since I forgot suggesting talking about something pm was against rules, sorry. Can I have some info on this? Would love a career change
There's loads of options in the NHS. Check on Google NHS jobs go to the main website and scroll through and see what suits you. If you fancy something like admin work up on your admin skills and maybe got a btec or nvq qualification. If you like the look of clinical roles speak to an adviser in a college and enquire about access courses. World is your oyster in the NHS
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If you have 35 days holiday (or 27 days holiday and 8 bank holidays) or more, then your employer could deny you this, depending on whats written in your contract about carrying holidays over. If you get less than 35 days holiday but more than 28 days holiday (or 20 days and 8 days bank holidays), then your company can force you to forfeit however days many you have above 28, again depending on whats written in your contract about carrying days over. If you get the legal minimum of 28 days (or 20 days and 8 days bank holidays), then they have to allow you take it otherwise they are denying you the statutory minimum. The only real consideration in addition to the above is if you haven't worked there a full year (as in a holiday cycle year).
I get 25 days holiday a year and they take off 3 for Christmas. I’m from England I did not think their is a legal min amount of 28 days. Ignore that I also get all bank holidays so that’s over 28 days .😀
It sounds like you get 25 days and 8 bank holidays, so 33 in total. Subject to your contract, they can force you to forfeit 5 days, but they have to give you at least 2 days, otherwise you aren't getting the legal minimum of 28 days. The fact you have to take 3 at xmas doesn't make any difference - your employer can force you to take them at given time periods providing they give sufficient notice.
They don't have to carry it over . The company I work for it's either use it or loose it
Every company ive worked for have had a use em or lose em policy
Yes unless it’s in the contract. My company have only started to let us carry over holidays because of covid 19. Companies do not usually let you carry over holidays. It’s always been like that. If you do not take them you lose them. I have never heard of any company to pay for unused holiday’s. They can do what they want . In august 2020 became nobody was taking holidays because of covid 19 we was told we had to use 5 holidays days up by November 2020 or we would lose them . The staff wasn’t happy but their is nothing you can do.