I get 20 days plus the bank holidays, worked here for 7 years. received a letter on 10 Jan, entitled as above. Can someone advise me whether this is legal please.
Must now take one weeks holiday before end March. ( quiet period )
No holiday to be taken the week leading up to Easter (busy)
No holiday allowed in November (busy)
3 days holiday must be held back for Christmas period. ( Fair enough )
No 2 drivers at same time ( fair enough)
The issues I have are, the week that must be taken before end March because children are at school, it is now impossible to get permission to withdraw from school in term time. Half term break been booked up already. We have approx. 10 drivers, most of which have children, so holidays are snapped up quickly in school breaks.
It seems harsh that a whole month is not allowed.
Just sensible advice please, I am not moaning, just need to know the law.
An employer can tell you what days they want you to have as holiday. As long as they’re giving you the legally required amount of time off (which they are) there’s not a lot you can do.
Can you explain the situation to a manager and see if they can help on this occasion. Alternatively, will one of the other drivers swap? It’s always worth asking them.
I don’t think your employer can legally tell you the specific dayswhen to take your holiday, they can say you need to take a week between such and such and another between this and that date. I don’t usually have a problem as most of mine are gone by August ha ha.
Also there is no fairer way to book holidays than first come, first served. Always get them in early, I booked Christmas 2014, 56 weeks before the date I want to be off!
We get 20 days between 1st of April & 31st of March, all must be taken before the end March or you loose them.
So if you hav’nt had all of this years holidays yet, they might just be giving you an opportunity to take the remaining days before you loose them.
Apparently, not sure how true it is but, some one told me that it’s EU Law- You can’t carry over unused days ■■?
If its a change to your current contract of employment they must give you 13 week written notice of the changes. Where I work they can also reject a request for holiday, if for example its fully booked up, but they can only reject 2 request in a row so the 3rd they must except regardless! Also have holiday ban up to Christmas but OK with that.
I’d have thought you’d booked your holiday BEFORE the changes to the terms, then speaking to the boss WITH proof of booking, then he’d most likely honour it - if not, then it might be worth taking it higher.
I’ve only ever requested a holiday once, and that was on a Thursday “Can I have next week off boss?” “Sure Wayne, going anywhere nice?” “Not sure yet, 1 sec, click click click, yeah, off to the Algarve mate”
Other than that, I always give a holiday notification with enough time period that they can work around me, and if they attempt to reject it, it’s replaced by a notice of my leaving - but that only happened once, I’ve never had any other refused.
Legally, they CAN insist on actual days of you taking a holiday, they can even say “it’s quiet next week, take a weeks holiday” and you haven’t got a leg to stand on, unless like me you don’t mind changing jobs
Almost all workers are legally entitled to 5.6 weeks paid holiday per year (known as statutory leave entitlement or annual leave). An employer can include bank holidays as part of statutory annual leave.
Most workers who work a 5-day week, must receive 28 days paid annual leave per year. This is calculated by multiplying a normal week (5 days) by the annual entitlement of 5.6 weeks.
Self-employed workers aren’t entitled to annual leave.
Bank or public holidays do not have to be given as paid leave.
An employer can choose to include bank holidays as part of a worker’s statutory annual leave.
Employers can:
tell their staff to take leave, eg bank holidays or Christmas
restrict when leave can be taken, eg at certain busy periods
There may be rules about this in the employment contract or it may be what normally happens in the workplace. The notice period for this is at least twice as long as the leave they want their staff to take.
Almost all workers are legally entitled to 5.6 weeks paid holiday per year (known as statutory leave entitlement or annual leave). An employer can include bank holidays as part of statutory annual leave.
Most workers who work a 5-day week, must receive 28 days paid annual leave per year. This is calculated by multiplying a normal week (5 days) by the annual entitlement of 5.6 weeks.
Self-employed workers aren’t entitled to annual leave.
Bank or public holidays do not have to be given as paid leave.
An employer can choose to include bank holidays as part of a worker’s statutory annual leave.
Employers can:
tell their staff to take leave, eg bank holidays or Christmas
restrict when leave can be taken, eg at certain busy periods
There may be rules about this in the employment contract or it may be what normally happens in the workplace. The notice period for this is at least twice as long as the leave they want their staff to take.
Employers can set the times when workers can take their leave - for example a Christmas shut down
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Thats an outrage! Surely everyone wants to do a 15 and a night out on Christmas day!
I don’t think your employer can legally tell you the specific dayswhen to take your holiday
As said above yes they can.
it used to be common practice for mills etc to shut down for two weeks and all staff (excepting some maintenance) had to take those hols.
not sure if it will apply in your case… an old work place used to insist 2 weeks notice on holiday applications, so i used to put mine in on the deadline, however it was in their own rules that if i was not allowed leave they would give you 2 weeks notice… well by the time they got round to it they didnt have the 2 weeks time span… so i got me hols…
(before i get slated it never meant anyone else other then agency had to cover)
There is no default “right” for an employee to choose when to take his holiday. The legal position will depend to a great extent on what is written in your employment contract (and even then the employer can change this with (13 weeks?) notice).
As long as it’s in your contract - it’s legal. As long as it complies with minimum statutory annual leave - it’s legal. Used to be (not as long ago as you might think) that all factories had fixed holidays and closed down for two weeks in the Summer (hence terms like “Glasgow fair” etc.) and closed through Xmas and New Year. Because it suited the factories to open all year it was changed to allow workers to take their annual leave entitlement as and when it suited them (as long as every body didn’t chose to be on holiday at the same time!!!).Even today there are still some people who have to take their holidays at certain times (e.g. Teachers) and no chance to take holidays at any other time.
The way i see it. If i put the graft in, Then i’ll take time off when i want.
As long as i give a decent amount of notice it’s up to them to sort out cover.
limeyphil:
The way i see it. If i put the graft in, Then i’ll take time off when i want.
As long as i give a decent amount of notice it’s up to them to sort out cover.
Agreed - although I do dislike graft and try to avoid it where possible
Snarley:
I get 20 days plus the bank holidays, worked here for 7 years. received a letter on 10 Jan, entitled as above. Can someone advise me whether this is legal please.
Must now take one weeks holiday before end March. ( quiet period )
No holiday to be taken the week leading up to Easter (busy)
No holiday allowed in November (busy)
3 days holiday must be held back for Christmas period. ( Fair enough )
No 2 drivers at same time ( fair enough)
The issues I have are, the week that must be taken before end March because children are at school, it is now impossible to get permission to withdraw from school in term time. Half term break been booked up already. We have approx. 10 drivers, most of which have children, so holidays are snapped up quickly in school breaks.
It seems harsh that a whole month is not allowed.
Just sensible advice please, I am not moaning, just need to know the law.
I’ve put in a few lately and he just writes DENIED on them,one he did put DENIED SORRY on it,he must have felt a sense of guilt over his behaviour of late
