Legal or not?

egg&chips · 15-02-2010, 18:44

Hi All,
My son works for one of the big supermarket chains and has done for 3 years or so now. He enjoys it but this year has not been able to take all the holiday due to him. After trying to book some days off in October his line manager stalled and stalled until in late Jani=uary he was told that the budget for holidays has been spent and there's no way he can
1. have his days off before the holiday year ends
2. be paid for the days he can't take
3. carry his holidays forward to next year (April-April)

This strikes me as somewhat odd and although he does not want to make a fuss, I suspect that his immediate superior is pulling a fast one and keeping department costs under budget at the expense of his younger, less worldly -wise staff.

Your thoughts and comments are welcome (especially if you've got a bit of employment law under you belt). I'd like to know a bit more about his rights before i contact the regional HR dudes...

Neil · 15-02-2010, 18:56

Is he full time?
The minimum legal holiday entitlement is now 5 weeks. Has he had his 5 weeks off? If not I would be reminding his manager of the 5 week minimum. He could also ask to speak with someone in Human Resources or whatever his company call it.

Is he in the union? (If not why not?) Speak with the union rep about it.

mattylad · 15-02-2010, 18:59

As far as I know.

It is upto your employer when you are allowed to take your holidays.
However you must have the legal minimum of now 28 days (20 days + bank holidays).

As far as I know As long as he has the entitlement, then if it is entirely his employers fault for not allowing him to take them when requested then they must ensure that he takes them at the end of the years holiday period.

See
Holiday entitlements: the basics : Directgov - Employment

your rights: Does my employer have to let me carry forward my unused annual leave into the next holiday year? - from workSMART.org.uk

Quote:

You should consult your company's staff handbook or your contract of employment for the policy at your workplace.

http://www.direct.gov.uk/en/Employme...ys/DG_10034711

By the way, how many letters in his employers company name?

Neil · 15-02-2010, 19:06

Quote:

Originally Posted by mattylad

As far as I know.

It is upto your employer when you are allowed to take your holidays.
However you must have the legal minimum of now 28 days (20 days + bank holidays).

You first link says the minimum is 5.6 weeks for someone working 5 days a week.

Last time I looked it was 5 weeks.

So you legal entitlement is the number of days a week you work multiplied by 5.6

mattylad · 15-02-2010, 19:07

Holidays and holiday pay

http://www.adviceguide.org.uk/index/...oliday_pay.pdf

mattylad · 15-02-2010, 19:07

Quote:

Originally Posted by Neil

Last time I looked it was 5 weeks.

Look again, things have changed.

I doubt a government website would be wrong, our government does not get things wrong does it

Quote:

You are entitled to a minimum of 5.6 weeks' holiday a year. This is called statutory holiday.

To work out how many days holiday you can take a year, you need to multiply 5.6 by the number of days you work in a week.

For example:

* if you work a five-day week, you are entitled to 28 days' paid holiday a year (5.6 X 5).
* if you work 2.5 days a week, you are entitled to 14 days' paid holiday a year (5.6 X 2.5).

The maximum amount of statutory paid holiday you can be entitled to is 28 days. This applies even if you work more than five days a week.

david1 · 15-02-2010, 19:16

I take it he works for Morrison's then ? I work for Booths as an artic driver . I have tried to get days off during the year , but no chance ! The manager will tell him to take the days off that he decides .
They will make sure he will get the proper entitlement they have too ! It may get carried through to april , but he will have to take them in april !

I have a few days left to take between now and the end of march . I have been at this company for 15 years now . They just cannot have too many staff off at once ! I know i will get my holidays in !

egg&chips · 15-02-2010, 19:16

Thanks folks
Neill-he is part time (16 hours per week) but gets the equivalent of 5 weeks holiday. No he isn't in a union (USDAW always seemd pretty useless to me when I was in retailing)
Matty: thanks for the links I will check them out. His employer is JavaScript.
He is, as I said unwilling to kick up a fuss (way too laid back) but I thibk that it would be a valuable life skill and profitable exercise for him to stand up for himself* in this case.

*With a little help from his dad and you lot

Neil · 15-02-2010, 19:20

Quote:

Originally Posted by egg&chips

He is, as I said unwilling to kick up a fuss (way too laid back) but I thibk that it would be a valuable life skill and profitable exercise for him to stand up for himself* in this case.

*With a little help from his dad and you lot

I do hope he does.

It is not really kicking up a fuss. Just getting what he is entitled to. Get him to ask his manager or a copy of the company grievance procedure. His grievance is obviously with the manager who says he cant have his holidays. That will worry him as the grievance will have to be delt with by his managers manager.

david1 · 15-02-2010, 19:31

Too be honest , he has had all year to book them . Now we have to take them off between certain months . I E 2 week between april/august then 2 weeks between august/november then 1 week between november /march the end of .

Neil · 15-02-2010, 19:33

The first post says the manager was stalling him taking them since October. That is half way through the holiday period for him.

david1 · 15-02-2010, 19:35

I get that very often

egg&chips · 15-02-2010, 19:36

Quote:

Originally Posted by david1

Too be honest , he has had all year to book them . Now we have to take them off between certain months . I E 2 week between april/august then 2 weeks between august/november then 1 week between november /march the end of .

The trouble is he did request them, was fobbed off, then told January was blacked out for holidays then told no more hols this year (ie from Feb-April). I suspect some folk took their entitlement then ceased their employment...

Neil · 15-02-2010, 19:37

I can only take of time when I can be covered by others as we have a minimum staffing level on each shift.

Being fobbed off for 6 months and then told tuff is not fair though.

Neil · 15-02-2010, 19:38

Quote:

Originally Posted by egg&chips

I suspect some folk took their entitlement then ceased their employment...

That is why you work a week or whatever in hand. So when you leave they can correct your final pay depending who owes who holidays.