Holiday Entitlement probem-Please help?

craigten · 11th February 2008, 21:53

Hi, my girlfriend works part-time (16 hours a week, she attends university full-time!) at the local co-op, she has recently been told that she has to take 2.3 weeks off paid leave before April 1st, her superior last week told her that there is only one week available for her to take off before then due to the co-op being under staffed/rota problems! My girlfriend seems pretty sure that she will be 'persuaded' to have only this one week off, thus losing over £120 worth of holiday pay! Can anyone please tell me what course of action she should/could take?
All replies are appreciated....Thankyou!!

Ell-enn · 11th February 2008, 22:12

Hi there, while an employer can stipulate when an employee takes holiday to meet the business need, they cannot reduce her annual entitlement. If they are short staffed before the end of the holiday year then they must make arrangements for cover to allow her to take her entitlement. However, unused leave may be carried over to the next year. Depending on the wording of her contract she may be entitled to payment in lieu of some of the days not taken, but this would depend on the wording of her contract.

You might find this website helpful: Frequently Asked Questions - BERR

Kind Regards

Ell-enn

craigten · 11th February 2008, 22:45

Hi there, thankyou so much for your help, i thought this might help- It is part of my girlfriend's contract:
HOLIDAY ENTITLEMENT:
This is calculated on a current year basis and a full year's entitlement is 27 days. Your entitlement includes 4 days in lieu for customary holidays which will be treated as normal working days. These customary holidays are Spring Bank holiday, May Bank holiday, August Bank holiday, and Good Friday, alltough these days may vary at the discretion of the co-operative group.
A full entitlement of 27 days is based on employees working 39 hours over 5 days a week. A pro-rata entitlement will apply to those staff working less hours per week.
Annual holiday entitlement is to be taken in the 12 months 1st April to 31st March the following year and pro-rata entitlements will apply to employees joining part way through the holiday year.

Holidays must be agreed and authorised bu your store manager, and you should be aware that the business needs of the co-operative group will have prior consideration over other factors in determining your holiday dates. No holiday entitlement will be granted during the period 15th to 31st December. To support operations, holiday entitlement should be taken on a phased basis, ie-
25% by June 30th
50% by September 30th
75% by December 15th
100% by March 31st

Does this help?
Ps- a friend told me today that companies are legally allowed to 'take' your holidays from you(+not pay you for them) if you haven't taken them by their specified date, is this true?
Thankyou again!!

Ell-enn · 11th February 2008, 23:08

Hi there, employers cannot simply take holidays from you - if you are unable to take holidays because the employer cannot accommodate it then they must negotiate to pay in lieu or carry over. If an employee has not taken all their holidays by their own choice, then they usually forfeit them unless they can negotiate to carry over to the next year.

Kind Regards

Ell-enn

craigten · 17th February 2008, 23:32

Thankyou once again,
Here's the latest: My girlfriend text her boss for the second time yesterday to ask again when her holidays would be(as before she had had no reply and therefore suspected she would lose holidays), her boss's reply was that my girlfriend would lose a week because she couldn't be accomodated for!
What my question is is what should her next course of action be? She is unsure whether to contact her union (all the employees are members of this particular union) or to contact the area manager?
All answers greatly received...Thankyou!!

cal37 · 17th February 2008, 23:54

Contact her union and at the same time put in a formal grievance letter outlining her concerns. Let the union know what you have done and let them take it from there.

Conniff · 18th February 2008, 17:41

She should put her request for her remaining holiday in 'now' in writing and request a response in writing and if it is turned down then she will be able to show that they are denying her the holiday laid down by law.

ANDENA · 18th February 2008, 18:13

i found CAB very good they sorted out my problem.

craigten · 19th February 2008, 20:37

Hi again,
Can anyone please tell me whether my girlfriend should follow 'Conniff's advice and submit a written request for holidays or wait for the shop's union rep to approach her manager first? My gf has kept the text message from her manager telling her that she was 'too late' to have her holidays(when the deadline is early April!)which was sent a week ago!
Ps-there is another part-time girl in the same shop who is in exactly the same position as my girlfriend so she is not on her own!

It seems that the shop is poorly managed by this particular manager for many reasons but the main one inparticular being that 4 months ago a full time member of staff resigned and this position has still not been filled and therefore has left the 5 remainin staff members covering these hours and that is why they have told my gf there is not enough staff to cover the hours for her holiday, however,the manager has changed her story to saying my gf should have requested her holidays earlier and she is 'too late'!
Thankyou again!!

Conniff · 19th February 2008, 21:43

Why I say put in for it NOW is because you don't want them to deny her on the grounds that she has applied too late. If she does not give enough notice then they can legally deny her holiday and she will lose it.

It don't matter if they turn her down, she will have applied for it and will be able to claim it even if it runs into the next holiday year.

craigten · 19th February 2008, 23:27

***BUMPY BUMP***
Hi again,
Can anyone please tell me whether my girlfriend should follow 'Conniff's advice and submit a written request for holidays or wait for the shop's union rep to approach her manager first? My gf has kept the text message from her manager telling her that she was 'too late' to have her holidays(when the deadline is early April!)which was sent a week ago!
Ps-there is another part-time girl in the same shop who is in exactly the same position as my girlfriend so she is not on her own!

It seems that the shop is poorly managed by this particular manager for many reasons but the main one inparticular being that 4 months ago a full time member of staff resigned and this position has still not been filled and therefore has left the 5 remainin staff members covering these hours and that is why they have told my gf there is not enough staff to cover the hours for her holiday, however,the manager has changed her story to saying my gf should have requested her holidays earlier and she is 'too late'!
Thankyou again!!

Conniff · 19th February 2008, 23:48

Craigten has she contacted her union yet, it was only two days ago when she couldn't make up her mind who to contact:

Quote:

She is unsure whether to contact her union (all the employees are members of this particular union) or to contact the area manager?

If you want it straight from the horses mouth then ring Acas helpline on 08457 47 47 47 from 8.00 am to 6.00 pm Monday to Friday.

craigten · 20th February 2008, 00:40

Thankyuo Conniff, please forgive me for posting my questions after you had answered, i was just after as many questions as possible! Your answers were very useful!!
-Craigten

craigten · 20th February 2008, 21:07

Hi again, just to keep you updated: My girlfriend had/has the letter requesting her holiday ready to give to her manager, my gf texted her manager to explain her request and the answer she got was "You had your chance to pick your holidays, lets see what the union says", Now let me remind everyone that my girlfriend was NOT given the opportunity to pick her holidays and neither was another employee who is also in the same situation!! My gf is now ringing the area manager of the co op and tomorrow will contact her union AND the CAB!!
Anyone got anything to add/advise?
Thankyou to you all!!

craigten · 20th February 2008, 22:22

**BUMP**

Hi again, just to keep you updated: My girlfriend had/has the letter requesting her holiday ready to give to her manager, my gf texted her manager to explain her request and the answer she got was "You had your chance to pick your holidays, lets see what the union says", Now let me remind everyone that my girlfriend was NOT given the opportunity to pick her holidays and neither was another employee who is also in the same situation!! My gf is now ringing the area manager of the co op and tomorrow will contact her union AND the CAB!!
Anyone got anything to add/advice?
Thankyou to you all!!

ANDENA · 21st February 2008, 18:08

hi there go to cab with all info and explain situation and what they might do is write to co op manager stating your rights, if they are in the wrong they will tell them the law and make sure your gf either gets her holiday or holiday pay.

cal37 · 21st February 2008, 22:01

Forget the CAB they are next to useless and in most cases do not know employment rights or give wrong advice. Her union is the one to contact, they know employment rights and they have the right to fight for her.

Your G/F really needs to put in a grievance letter now, by all means ring the area manager and union but get that letter in tomorrow.

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