Holiday Entitlement - Legal Query?
Holiday Entitlement - Legal Query?
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Discussion

RobbieL

Original Poster:

610 posts

211 months

Monday 13th December 2010
quotequote all
Evenin' all,

My Mrs works for a company who although good in many respects, have a strange attitude towards taking holidays.

They will only let a maximum of 5 people off at one time (in an office of over 40), and it is complete ballache to take any time off unless it's pre-booked months in advance.

Currently, she has 6 days worth of holiday entitlement left to take before 31/12 however the company are refusing leave due to the time of year. A tad annoying but I can understand.

What is really boiling my piss is that they are refusing to reimburse her financially, or let her carry over any leave to next year.

Is this legal? As far as I understood, you could refuse leave if there was a specific business need and the request was not made in a reasonable timeframe - but you had to compensate the person involved?

phil-sti

2,973 posts

206 months

Monday 13th December 2010
quotequote all
Tell her to go on the sick for the next 3 week and carry them into next year, then she can take them in January

Bonefish Blues

36,012 posts

250 months

Monday 13th December 2010
quotequote all
The company has a statutory duty to ensure your wife has at least the legal minimum annual holidays and cannot reduce below this (28 days pa, incl Bank Hols for a full time person).

If there's a contractual relationship such that it's a "use it or lose it" situation under the prevailing rules, then, though harsh, they may well be within their rights.



Edited by Bonefish Blues on Monday 13th December 22:35

davepoth

29,395 posts

226 months

Monday 13th December 2010
quotequote all
Certainly if there's a contractual "Holiday will be at management discretion unless booked a minimum of x weeks/months in advance" there's no real comeback.