My holidays run January to december, new regs from 1st april state that 28 days is the minimum workers are entitled to have, i thought i still only had 24 for the year and have had 4 weeks off already. Due to another driver bringing in details of the new regs, it now appears a few of us are entitled to 3 extra days. When asking the TM about it, he just keeps saying, “head office states i’m not allowed to allocate any holidays 'til i find out what’s happening between christmas and new year”. I need to be off from wednesday this week [23rd dec-31st dec] ti; if i’m to get my 7 days. New years day comes off next years allocation. I’ve also been told i can’t carry them over.
Any ideas where i stand or am i gonna lose them? Can i get paid for them if i don’t take 'em?
As this looks like a company ■■■■-up then ask them if you can either ‘cash them in’ or hold them over for January
Until you ask them and get a response in writing there is not a lot anyone can do unless you belong to a union.
This is exactly why I belong to a union (URTU in my case), sometimes as the only employee who is, as they have always come up trumps in this sort of case
bbez:
My holidays run January to december, new regs from 1st april state that 28 days is the minimum workers are entitled to have, i thought i still only had 24 for the year and have had 4 weeks off already. Due to another driver bringing in details of the new regs, it now appears a few of us are entitled to 3 extra days. When asking the TM about it, he just keeps saying, “head office states i’m not allowed to allocate any holidays 'til i find out what’s happening between christmas and new year”. I need to be off from wednesday this week [23rd dec-31st dec] ti; if i’m to get my 7 days. New years day comes off next years allocation. I’ve also been told i can’t carry them over.
Any ideas where i stand or am i gonna lose them? Can i get paid for them if i don’t take 'em?
You do not have a right to carry leave over but if you don’t take all of your statutory holiday entitlement during your holiday year, your employer may allow you to carry over the left over days to the next holiday year. You must take at least four weeks’ holiday a year, so only holiday on top of this (including the new extra days) can be carried over, and then only if your employer gives you permission or if this is permitted by your contract of employment.
Payment in lieu for holiday or ‘buying out’
On 1 April 2009 the minimum holiday entitlement rose to 5.6 weeks (28 days if you work five days a week). You cannot exchange any untaken leave for payment.
ROG:
As this looks like a company ■■■■-up then ask them if you can either ‘cash them in’ or hold them over for January
Until you ask them and get a response in writing there is not a lot anyone can do unless you belong to a union.
This is exactly why I belong to a union (URTU in my case), sometimes as the only employee who is, as they have always come up trumps in this sort of case
Cheers RoG, not in a union, so i’ll just have to follow Wheel Nut’s suggestion.
Wheel Nut:
I can feel a touch of Swine or Turkey Fever coming on, Atishoo!
Don’t know about swine flu but she looked like a pig on sunday morning,
Carrying over holidays
You do not have a right to carry leave over but if you don’t take all of your statutory holiday entitlement during your holiday year, your employer may allow you to carry over the left over days to the next holiday year. You must take at least four weeks’ holiday a year, so only holiday on top of this (including the new extra days) can be carried over, and then only if your employer gives you permission or if this is permitted by your contract of employment.
Payment in lieu for holiday or ‘buying out’
On 1 April 2009 the minimum holiday entitlement rose to 5.6 weeks (28 days if you work five days a week). You cannot exchange any untaken leave for payment.
DelBoyTwo, cheers for the link…
stringy:
Don’t forget that the 28 days can & usually does include the 8 bank/public holiday days
Stringy, yes, i believe it does, look like i’ll have to take it unpaid then if they insist i go in…
The Working Time Regulations 1998 (S.I. 1833 of 1998)
Regulation 13
Leave to which a worker is entitled under this regulation may be taken in instalments, but -
(a) it may only be taken in the leave year in respect of which it is due, and
(b) it may not be replaced by a payment in lieu except where the worker’s employment is terminated.
Other regulations within tell you about notice periods etc and that you can’t be paid in lieu of holidays ( the old buy-back thing)
There is however expected to be an exception granted in order to “carry over” periods that have been “reclaimed” as holiday in cases where an employee has gone sick during annual leave - but that in process at the moment being argued the toss over in the various “houses of representation” for want of a better term