I was hoping that somebody could clarify this as drivers at our site are totally in the dark about this and now panicking as the year end is almost upon us and nobody want to lose oustanding holiday entitlement.
Some people are saying that the mandatory 28 days annual leave is coming into force next year and doesn’t apply to this year end whilst others are saying that it is now in force.
Are we all now required to take 28 days annual leave?
Does this have to be taken before tax-year end? i.e. start of April
Is the employer legally bound to honour holiday requests up to the 28 day limit?
If they won’t honour such leave requests do drivers have a right to carry holiday over or receive pay in kind - is this even legal?
Are we all worrying too much and this is actually not in force yet?
Thanks for any advice as our transport office seem unwilling to clarify it for us, telling different drivers different things.
our place we drivers could have the option of having a weeks holiday paid up if they didnt want it. so in my case i got an extra £400 one week for doing nothing extra. but now the government has said a no no to this and think all holiday has to be taken before april cant be carried over etc. i think.
1 - Are we all now required to take 28 days annual leave?
2 - Does this have to be taken before tax-year end? i.e. start of April
3 - Is the employer legally bound to honour holiday requests up to the 28 day limit?
4 - If they won’t honour such leave requests do drivers have a right to carry holiday over or receive pay in kind - is this even legal?
5 - Are we all worrying too much and this is actually not in force yet?
1 - if you don’t then you lose it in most cases unless your boss will pay you for days not taken
2 - The reference period for your annual leave is up to the company - it might be April to April or January to January or any other 12 month period.
3 - Yes but with reason - a request can be refused if it does not fit in with the company operations
4 - They can hold them over or pay you in kind for them but only with your consent - just as you can with company consent
5 - The 28 day entitllement started in april 2009 so is in force NOW
On point 3, what is to stop an unscrupulous company saying “it doesn’t fit in with company operations” - what is defined as “reasonable” or “within reason” ?
For example, at our place the guy in charge of taking holiday bookings has deliberately been screening all contact in order that drivers cannot hand holiday requests to him.
On point 3, what is to stop an unscrupulous company saying “it doesn’t fit in with company operations”?
For example, at our place the guy in charge of taking holiday bookings has deliberately been screening all contact in order that drivers cannot hand holiday requests to him.
A good union rep would help !!
If not got one then that does not diminish your entitlement to those holidays.
Send in the requests by letter as well as e-mail - perhaps by hand to the office lass and have her sign that she has recieved them
Are we all now required to take 28 days annual leave? Yes. It is a requirement, not an entitlement
Does this have to be taken before tax-year end? i.e. start of April It needs to be taken with the “holiday year” as per your contract of employment/custom and practice.
Is the employer legally bound to honour holiday requests up to the 28 day limit? Not an easy answer. Yes they are, but have the ability to stipulate when you can and when you can’t take holiday days (peak periods/slow periods)
If they won’t honour such leave requests do drivers have a right to carry holiday over or receive pay in kind - is this even legal? The only “carry over” that’s been Judges on at present is the conversion of holidays to sick days where someone falls ill/sick/injured during their holiday. Other than that, strictly speaking it would be illegal to “carry over”
Are we all worrying too much and this is actually not in force yet? It’s been in force for a couple of years. It come under the banners of WTD and ERA. Don’t be mistaken that we’re not subject to WTD as a whole. We are, but exempt some parts of it.
One idea I had before (before being made redundant) was to sacrifice a weeks holiday until December 18 ish, then present myself to the office and say “I have to take a week’s holiday before December 31 (out holiday year end) When would like me to take it. Bearing in mind that both carry over, and payment in lieu are now illegal ?”
what is defined as “reasonable” or “within reason” ?
That falls into the area of “How long is a piece of string” sadly, but . . . . . .
Had I been able to present myself at the window in December as planned, I would have needed to have been in possession of about 4/5/6 holiday application rejection slips in answer to their first (probable) question of why I hadn’t taken the time off during the year
I spoke to the office again today and was told “don’t worry, you don’t need to take them this year, it’s next year” and “don’t worry, you won’t lose your holidays”.
It’s clear that they are talking rubbish - I think they are seriously worried that there are a whole load of drivers in the same boat and that they haven’t planned accordingly. Our site is notorious for not authorising holidays throughout the year so now this is the situation that they are facing - i’ve spoken to at least 15 other drivers with holidays left to take with only 3 weeks left in the holiday year.
What are the potential repercussions of a driver not taking the required holiday a) for the driver himself and b) for the employer?
I suspect when I challenge them again tomorrow with the information in this topic, my holiday application form will miraculously have been “lost” and they will attempt to put the blame on me
Regulation 13 of [u]THIS[/u] gives you the entitlement to annual leave. You’d need to read and understand all of Reg 13.
And [u]THIS[/u] is the amendment that increased the entitlement to 5.6 weeks (28 days for most people) You could skip to the bottom - (Explanatory Note) for as much understanding as you’d probably need.
Well I got it sorted and am now on holiday for a couple of weeks!
They seem to have adopted the policy of giving the required holiday to anyone who complains enough about the legal issues, but denying it and telling them that it’s carried over to everyone who just puts in a holiday form as they would do usually.
Mike_:
Well I got it sorted and am now on holiday for a couple of weeks!
They seem to have adopted the policy of giving the required holiday to anyone who complains enough about the legal issues, but denying it and telling them that it’s carried over to everyone who just puts in a holiday form as they would do usually.
Good for you !
The ‘denial’ policy has pretty much become the norm. Particularly in larger firms. Similar to the ‘Mushroom Policy’
I’ve had it said to me that the company’s ‘legal department’ costs about 3 million pounds per year, so do I really think they’re going to get it wrong
My answer is always - “No” That’s why you did get your holiday
Often, it’s not the actual truth of a situation that matters. What people believe to be true can carry far more weight. A typical “No extra charge after midnight”
i think this is all old regulations…if you look at the night time regulations, it states that you can only work 8 hours in any period of 24…so if this is old, how old is the other stuff…maybe someone hasnt done their homework…and if i start to quote some of this stuff to my boss…he will make a fool of me…not that i`m not one anyway
There are a total of 8 Bank and Public holidays in England and Wales, Scotland have 9.
You’re entitled to 5.6 weeks annual leave which in England/Wales is usually made up of 8 days public holiday if you don’t work them plus 20 days annual leave.
