Right to be paid for untaken holiday?

[wolves_wanderer]

A friend of mine has been working on a massive project this year. He still has over 2 weeks worth of holiday that hasn't (and won't) now be taken, the company he works for does not roll over holiday so he will lose it. He states that there is a statutory requirement that he is paid for it in this case, however I always assumed it was down to the good will of the employer.

Who is right?

[davepoth]

http://www.personneltoday.com/Articles/20/03/2009/...

Other links agree.

[miniman]

They aren't obliged to pay in lieu, but if the workload has been such that it has been impossible to take the holiday, you might argue there's a moral obligation. if they won't pay him, he can either take it out of principle or suck it up.

[Countdown]

Use it or lose it, unless the Employer agrees otherwise.

[wolves_wanderer]

As I thought. Thanks chaps.

[singlecoil]

Why didn't he take it? Who said he couldn't (I doubt it was the employers, because if it was then they would be breaking the law)?

[wolves_wanderer]

singlecoil said:

Why didn't he take it? Who said he couldn't (I doubt it was the employers, because if it was then they would be breaking the law)?

A combination of being really busy and thinking he would get paid for it lol.

[Mr Sparkle]

I think if he were to resign they would have to pay it (a bit extreme I know). At least that's what happened at my last place when I left with a lot of untaken holiday and I seem to remember checking this would be the case.

[elster]

singlecoil said:

Why didn't he take it? Who said he couldn't (I doubt it was the employers, because if it was then they would be breaking the law)?

Why? Surely if when he put holiday requests in and was told he can't then. Then it is not breaking the law.

[singlecoil]

elster said:

singlecoil said:

Why didn't he take it? Who said he couldn't (I doubt it was the employers, because if it was then they would be breaking the law)?

Why? Surely if when he put holiday requests in and was told he can't then. Then it is not breaking the law.

Are we talking about not being allowed holiday at a specific time, or not being allowed holiday at all? If it's the latter, then definitely illegal.

More likely the employee failed to request holiday, because he felt he was too busy and couldn't see a suitable window of opportunity. In that case, AIUI, the employer wouldn't be required to either pay or carry the entitlement over.

Edited by singlecoil on Sunday 11th November 09:36

[wolves_wanderer]

singlecoil said:

More likely the employee failed to request holiday, because he felt he was too busy and couldn't see a suitable window of opportunity.

exactly this. The chap in question wont be making that mistake again!

[elster]

wolves_wanderer said:

singlecoil said:

More likely the employee failed to request holiday, because he felt he was too busy and couldn't see a suitable window of opportunity.

exactly this. The chap in question wont be making that mistake again!

Sorry I assumed he had asked for holiday and wasn't allowed due to commitments at that time.

[devnull]

I've done this myself over the last couple of years, lost about 6 days. Due to being busy and wanting to make a good impression (shifted roles). Won't be doing that again! Use it or lose it!

[singlecoil]

Alternatively, approach the employer well before the end of the holiday year, and ask them how they feel about it, if you really are busy then it suggests that they would sooner pay you the extra rather than you take the holiday.

[anonymous-user]

The statutory entitlement is to 28 days paid leave each year. A contract may provide for more leave. The employer may agree to allow 8 days or more to be rolled over to the next year, but absent agreement, entitlement does not roll over.