holiday days

what? · 09-12-2007, 15:56

hey evry1, just looking for some advice.
its getting the end of our holiday year in work.
i have 9 holiday days still to use, but there is no holiday availabilty.

iv spoke to my manager who has informed me only 5 day will be carried forward to next year. i have been applying for my holidays and have had 19 days rejected. is this right that they dont carry these holidays forward or is there anything i can do about it?

any help would be greatly appreciated.
thx

gazzae · 09-12-2007, 15:59

Yeah I think they can set a limit on the number of days you carry forwards. But you should get paid for the four days that you aren't carrying

what? · 09-12-2007, 16:04

thx. i asked them about being paid but they said this wasnt possible and the holiday days were just lost.

**Rob** · 09-12-2007, 16:11

The days are part of your entitlement. Indeed with things like the EU working time directives, to not take them could be a breach by your employer of your working conditions. Regardless, if you are entitled to the days off, you should be allowed to take them, continual rejection by your employer isn't an excuse. Speak to the HR department if your manager is being obstructive.

Tali · 09-12-2007, 16:42

If you hadn't tried to take the time of, then I would agree with your boss and say that you should've taken them sooner, but as you have tried to take the holiday, and the company has declined your request, I would suggest that they need to let you take the holiday, pay you for it, or carry it over. Of course, if you carry it over, you may find yourself in the same situation this time next year.

what? · 09-12-2007, 17:01

thx for the advice. im gona go see my hr department tomorrow.
hopefully be able to get something sorted.
much apprecitated

**Maggy J** · 09-12-2007, 17:07

Quote:

Originally Posted by what?

thx for the advice. im gona go see my hr department tomorrow.
hopefully be able to get something sorted.
much apprecitated

I hope you have kept a careful record of the rejections and have some paperwork?

what? · 09-12-2007, 17:53

yeah, the system we apply on holds all the records and tells me the dates applied for, applied on and rejection dates so dont have any worries with that thx

lostandconfused · 09-12-2007, 18:07

Quote:

Originally Posted by what?

hey evry1, just looking for some advice.
its getting the end of our holiday year in work.
i have 9 holiday days still to use, but there is no holiday availabilty.

iv spoke to my manager who has informed me only 5 day will be carried forward to next year. i have been applying for my holidays and have had 19 days rejected. is this right that they dont carry these holidays forward or is there anything i can do about it?

any help would be greatly appreciated.
thx

you dont happen to work for VM do you?

what? · 09-12-2007, 19:06

i work for vm. but its an outsourced centre so not vm who actually issue and deal with my holidays so they cant b blamed in this case

Anonymouse · 09-12-2007, 19:11

Employers are becoming total gits when it comes to holidays. For instance, we're off on Christmas Day and Boxing Day (of course), as bank holidays. But on Thursday 27th, the place is still closed, and work doesn't resume until the Friday. The thing is that, even though we literally can't come in on the Thursday, if we have days available we have to book that day as a holiday. We can't even have it as an unpaid holiday (except if we've already used up our paid holidays). That strikes me as inequitable.

But in your case: how many paid holidays have you had in the current financial year? You're entitled by UK and EU law to 20 days - they must allow you to have these, they can't not allow it. Usually employers have a maximum number for people on holiday at the same time (ours is 10%, which for the night shift is ridiculous, as it means only 2 people at the very most can be off at the same time); is that the reason for their refusal? Mind you, if you've been refused 19 times, surely sooner or later they've got to let you have some time off.

Holidays can't be "lost"; the entitlement runs from April of one year to April the next (usually, although I suppose it might run from January 1st to December 31st depending on the employer), and in that time you're entitled - by law - to a minimum of 20 days' paid holidays. You've 9 days left; say you used 5 at Christmas. As of next year, you'd still have 4 because it's still the same financial year.

Keep at it. Something sounds dodgy here.

what? · 09-12-2007, 19:42

ours is from 1st jan to 31st dec
we do have to use holidays on thos days but this year they are my scheduled days off so wont b using any there. i dont mind if they dont get carried on, but i would expect to be paid for them when it is down tot eh companies rejections that i have this problem (and im not the only one in my work with this issue)
its made even worse by the fact i sit here somedays with 15/20 mins between calls.
(our holiday allocation is only 6% of staff on shift allowed a holiday)

scrotnig · 09-12-2007, 22:55

They are your contractual right, regardless of legal minimums.

Put in writing to your employer a request that they tell YOU when you can take them, since your attempts at suggesting dates have been continually rejected.

Politely point out in the letter that your holidays are a contractual right and that as the only reason you haven't taken them is because has refused your holiday requests, you don't feel it reasonable that you should be penalised. Explain that you will be happy to be either paid for the remaining days or have them carried over.

If they are still going to refuse they then need to do so in writing, stating a reason, which I very much doubt they will do.

Do NOT accept "it is company policy", they are your contractual right which overrides ANY company policy.

If they ultimately won't back down, you will be able to take them to an employment tribunal, regardless of length of service, since this would be a wages contract breach.

If you're not in a union, the concilliation service ACAS will be able to advise.

www.acas.org.uk