Refusing holidays and refusing to pay - legalities?

[Easty-5]

My brother is a Chef. He has 5 days holiday to use before the end of April. His employers are saying he can't have the time off and they are refusing to pay for the holidays.

What are the legalities of this? What should his next move be?

[KrazyIvan]

If they can show he has had ample time to use them earlier in the year but hasnt, and that the time he is looking to use them is likely to have an effect on the business they can refuse them, but I think they need to pay him for the "lost" days

[Cyberprog]

IIRC isn't it the employers responsibility to ensure that holiday is taken?

[Tuscanless Ali]

http://www.direct.gov.uk/en/Employment/Employees/T...

What does it say in the contract? How much notice does he have to give to take holiday?

[Mattt]

2 months notice to take 5 days seems very reasonable to me.

My contract says notice of 4 times the time to be taken. What's the company holiday policy say?

[Firefoot]

Under the Working Time Regulations, an employer must allow the employee to take off the statutory minimum of 28 days (this may include bank holidays, so 20 days hol & 8 days statutory hols for some people).

The employer is not allowed to pay in lieu for this time (however, anything over and above 28 days may be paid in lieu).

It is the responsibility of both the employer and employee to ensure the holiday is taken, but an employer should not refuse a reasonable request to take the leave.

Your brother should submit a written grievance to the company if they still refuse the leave. If it is not resolvd at a grievance meeting, then he can complain to to tribunal.