Company not permitting holiday

[liner33]

Advice for a mate

Mate works for a well known builders merchants , truth is he is slumming it as he is a well experienced class 1 driver doing multidrop in a class 2 with hiab.

His area manager twigged that he is switched on unlike most of their drivers and wanted to train him on some new equipment and then for him to go around the depots training the other drivers. Due to this training likely to happen at any time he was told he couldnt take any holiday until after the course, they have messed him around for 4 months and now the training course is finally booked for January , his leave year ends at the end of the year and he has 9 days holiday left

They have told him they are too busy and he cant have holiday nor will they allow him to carry it over , his line manager says he shouldve taken it earlier this year....doh!!

What can he do ??

I've told him to write a letter to his line manager (cc the area manager) explaining why he didnt book holiday earlier and requesting either the holiday before year end, to be carried over to next year or to be paid extra.

Anything else he should so??

[Liszt]

Ask the person responsible for HR. They are on shakey ground with not having good reason to allow it.

If there is a good reason, like an exceptional busy period they can request that he defers it but legally, they are probably on a losing battle.

[RizzoTheRat]

From past experience getting leave bought out never pays well, a government agency I worked for bought it a 1/365 for salary which was very poor. If he's been told not to book it before then he should have a good case to carry it over

[SlimRick]

Tell him to take 3 months sick leave due to stress.....caused by not taking any holiday

[Cyberprog]

I could have sworn the rules had changed recently and you *had* to allow your employees to take the statutory minimum holiday, and weren't allowed to buy them out of this.

I could of course, be talking out my arse, as I have nothing to back this up. But what the other chap said about having a go at the HR department would be good. Also remember you need to give notice equal to the amount of holiday you wish to take IIRC (or is it twice the period you wish to take?).

[Flibble]

Cyberprog said:

I could have sworn the rules had changed recently and you *had* to allow your employees to take the statutory minimum holiday, and weren't allowed to buy them out of this.

I could of course, be talking out my arse, as I have nothing to back this up. But what the other chap said about having a go at the HR department would be good. Also remember you need to give notice equal to the amount of holiday you wish to take IIRC (or is it twice the period you wish to take?).

The rules do state that indeed:
http://www.direct.gov.uk/en/Employment/Employees/T...

Rules said:

You must take all of your statutory minimum holiday entitlement each year. Only holiday on top of this can be carried over, and only if your employer gives you permission or it is allowed by your employment contract.

You are not allowed to exchange any untaken statutory holiday entitlement for pay. You must take all of your statutory holiday entitlement each year.

You have to give notice of twice the length of the holiday. Your employer has to give notice of the length of the holiday if they wish to refuse it. However see above - they can't stop you taking it at all.

Edited by Flibble on Saturday 27th November 02:11

Edited by Flibble on Saturday 27th November 02:12