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csweatherston

Member

Registered: 16th Jan 06
Location: Devon
User status: Offline

26th Sep 13 at 19:25

Hi.

Just after some info if at all possible, as i have spent hours looking for it on the net and keep drawing blanks.

Having some issues in work around holiday time etc.
I currently get 28 days paid holiday per year (statutory) and 1 day contractual.

However, my employer as split that into:
8 bank holidays
4 groups of 5 days leave (4 weeks)
Of which we must take:
5 days spring ( January to April)
10 days summer (April to September)
5 days winter (September to January)

My boss took a lot of time off this summer resulting in me not getting 5 days in before September, I requested a week off beginning of October which he agreed -begrudgingly.

I forgot that the week i booked off now falls around my Contractual holiday( a local town fair, the whole town shuts down)
To which my boss tells me "tuff, you've lost a day"

The next morning i got a postit on MY callender saying " All staff must take their summer leave before September or you will lose it."

- i kicked up a fuss, as the other 4 members of staff have all had their holiday so it was directly aimed at me. Also told him he owes my a day for "fair day".

So now i can take the extra day but it must be the following day from my holiday.

Firstly, can You Lose your holiday entitlement?.
Can your employer tell you to take a certain day off?
Can your employer set rules on periods of when to take holiday?

Any help ( and links to official sites) greatly appreciated

csweatherston

Member

Registered: 16th Jan 06
Location: Devon
User status: Offline

26th Sep 13 at 19:30

Sorry about the essay - i tried to get as much info in as possible.

Gary

Premium Member

Registered: 22nd Nov 06
Location: West Yorkshire
User status: Offline

26th Sep 13 at 19:32

What it say in your contract?

csweatherston

Member

Registered: 16th Jan 06
Location: Devon
User status: Offline

26th Sep 13 at 19:35

Nothing helpful.
Im entitled to 29 days leave including bank holidays and "fair day"

Gary

Premium Member

Registered: 22nd Nov 06
Location: West Yorkshire
User status: Offline

26th Sep 13 at 19:36

If there is nothing in there that mentions when you should take your hols then tell him to shove it.

csweatherston

Member

Registered: 16th Jan 06
Location: Devon
User status: Offline

26th Sep 13 at 19:47

It also says holiday year runs from Jan to Dec.
So i can see any reason i can lose it?.

Gary

Premium Member

Registered: 22nd Nov 06
Location: West Yorkshire
User status: Offline

26th Sep 13 at 19:56

I don't see how he's got a leg to stand on. If he persists then all he's doing is setting himself up for a tribunal.

monkeytwizzel

Member

Registered: 10th Aug 11
Location: Chard, Somerset
User status: Offline

26th Sep 13 at 20:05

He can only request that you take it at certain times in the year so that everyone gets a chance to have summer holiday but can`t take it away if that doesn`t happen,he can bitch and moan that`s all.
Was it in your contract and explained when you first started and if you have tried to take and it`s not your fault that you havn`t then seems unfair.

Jimbothebarbarian

Member

Registered: 19th Apr 07
Location: Cumbria..........drunk..
User status: Offline

26th Sep 13 at 22:22

It's a bit weird this holiday lark.

When I started my job I got 18 days normal holidays and 8 lieu days because as we work 4 on 4 off the lieu days cover bank holidays. Cool, 26 days a year, nice.

Then at the start of this year we are told if your shift pattern means you land in on a bank holiday you're off and if it lands on your days off you don't get lieu day for it. So basically they're gone.

Next a small sign goes up on the notice board telling us that in"x" amount of days time they will tell us when we are to take a minimum of 4 of our 18 days holidays when they say. Be it all in one go or random days through the year when they see fit.

So in effect I've gone from being able to go in and book 26 days holidays for the upcoming year to being able to book 14....if I'm lucky.

Union says there is jack shit we can do about it aswell....

On top of that my final salary pension has been roughly halved in value, just like that.

Hammer

Member

Registered: 11th Feb 04
User status: Offline

26th Sep 13 at 22:36

I'm in a similar situation in that we're told to take holidays in blocks and not to take anything in December as we shut down for the fortnight over Christmas.

I've took numerous single days and I'll be taking a week in December as I'm moving and if it that escalates to the point they want to get rid of me then so be it. I assumed, without checking, they are acting outwith the parameters of Employment Law. Be interested to see if that is the case or not.

John

Member

Registered: 30th Jun 03
User status: Offline

26th Sep 13 at 22:40

I struggle to get any holidays. If boss is off I can't be and vice versa.

sc0ott

Member

Registered: 16th Feb 09
User status: Offline

26th Sep 13 at 22:47

Weve got a similar system but we cant lose holidays like you. We can buy extra holidays or sell up to 5 days however. Managed to get the first week in oct, nov, and dec signed off because i had 15 days left to take. Result.

BeetleGav

Member

Registered: 27th Jun 10
Location: lancashire, nelson
User status: Offline

27th Sep 13 at 08:55

Annoys me that my company takes the Christmas period, Easter etc off my holiday entitlement. Even though they are shut so I have no choice. I'm sure if a company is shut not of your own choice you should be paid?

Hammer

Member

Registered: 11th Feb 04
User status: Offline

27th Sep 13 at 09:03

quote:
Originally posted by BeetleGav
Annoys me that my company takes the Christmas period, Easter etc off my holiday entitlement. Even though they are shut so I have no choice. I'm sure if a company is shut not of your own choice you should be paid?

Doubt it, the entire Construction industry closes down over distinct periods of time and tradesmen just have to deal with it.

[Edited on 27-09-2013 by Hammer]

willay

Moderator
Organiser: South East, National Events
Premium Member

Registered: 10th Nov 02
Location: Roydon, Essex
User status: Offline

27th Sep 13 at 09:06

quote:
Originally posted by csweatherston

Firstly, can You Lose your holiday entitlement?.

Yes

quote:
Can your employer tell you to take a certain day off?

Yes

quote:
Can your employer set rules on periods of when to take holiday?

Yes

quote:
Any help ( and links to official sites) greatly appreciated

https://www.gov.uk/holiday-entitlement-rights/booking-timeoff

willay

Moderator
Organiser: South East, National Events
Premium Member

Registered: 10th Nov 02
Location: Roydon, Essex
User status: Offline

27th Sep 13 at 09:07

quote:
Originally posted by Hammer

quote:
Originally posted by BeetleGav
Annoys me that my company takes the Christmas period, Easter etc off my holiday entitlement. Even though they are shut so I have no choice. I'm sure if a company is shut not of your own choice you should be paid?

Doubt it, the entire Construction industry closes down over distinct periods of time and tradesmen just have to deal with it.

[Edited on 27-09-2013 by Hammer]

Isn't alot of that contract work thou? as opposed to PAYE. Can do alot of things when the terms are like that right?

Hammer

Member

Registered: 11th Feb 04
User status: Offline

27th Sep 13 at 09:21

quote:
Originally posted by willay

quote:
Originally posted by Hammer

quote:
Originally posted by BeetleGav
Annoys me that my company takes the Christmas period, Easter etc off my holiday entitlement. Even though they are shut so I have no choice. I'm sure if a company is shut not of your own choice you should be paid?

Doubt it, the entire Construction industry closes down over distinct periods of time and tradesmen just have to deal with it.

[Edited on 27-09-2013 by Hammer]

Isn't alot of that contract work thou? as opposed to PAYE. Can do alot of things when the terms are like that right?

Nah. Don't know if it's just a Glasgow/Scottish thing but up here they get 2 weeks off in the Summer and the 2 weeks at Christmas and that is pretty much it. I think you maybe get 4 days on top of that of your own choice if you're lucky.

That's for all the large Building Contractors.

willay

Moderator
Organiser: South East, National Events
Premium Member

Registered: 10th Nov 02
Location: Roydon, Essex
User status: Offline

27th Sep 13 at 09:30

But is this just trademen or everyone in the industry like the office dwellers?

Hammer

Member

Registered: 11th Feb 04
User status: Offline

27th Sep 13 at 09:51