Employer restricting holidays

[Yam950]

Hi everyone, hope someone can advise

My husband has been working for the same company for around 3 years now. He works on average a 50 hour week with overtime.

He put in a request for annual leave a few weeks ago and was told that leave is now restricted to 2.5 days a month.

He is pretty peeved as there is a bloke he works with who has just gone off abroad for a week, he also gets his holidays carried over or bought back off him if he doesn't use them. My husband does not get this but they do the same job.

There is nothing in my husbands contract that states he can only take 2.5 days per month and nothing about accrued holidays

Is his employer allowed to do this?

Many thanks in advance for any advice

[huggy41]

first of i think you have got things wrong the 2.5 days per month is what you get holiday wise not that he can only go away for 2.5 days .

 

12 months = 30 days holiday which i very good you will take the 30 days over the period of 12 months ie. 2 weeks in july , 1 week in november ect.

[Feebee_71]

One possibility is that the company might now only say for leave once it's accrued - that's what my employer does so, I took 7 days leave in January but won't get said for it until I've accrued that much leave which means end of March/April time!!

 

Feebee_71

[Yam950]

No its definately right huggy. They are saying he can only take a maximum of 2.5 days. He put in for 4 days leave and was told he could not have it as its a maximum of 2.5 days per month that he can take in any one month.

He has been up to the office this morning to try again and the secretary up there said he had been refused yet again becasue he can only take 2.5 days each month

[renegadeimp]

They arent allowed to do that. Hopefully Emmzii can come along soon and clarify for you. Technically they COULD restrict when the holidays are allowed to be taken, but that would have to apply to everyone. Not just one specific person. If it was the latter, then it COULD be construed as bullying/harassment etc.

[Yam950]

Thank you renegadeimp. I shall await Emmzii's respone. Thanks again x

[honeybee13]

Hello Yam.

 

It might help Emmzzi or one of the other forum regulars to advise you if you could tell us what your OH has in writing about the holiday situation. Does he have a contract or particulars of employment please?

 

My best, HB

[Emmzzi]

If the employer wishes they can indeed dictate the exact days holidays are taken. However this sounds like a simple admin cockup to me. Has there been a change of hr staff or management lately?

 

I'd tend to ask in writing, politely, for clarification, maybe say that it has previously been possible to take eg a 2 week summer vacation and asking for clarification on how this might be possible in the future.

[ericsbrother]

The Working Time Regs state that you are entitled to a minimum number of days per year paid holiday, many companies give more holiday then the minimum or dont include bank holidays etc. To take your holiday you are obliged to give notice in writing of not less then twice the time to be taken off, ie if you want a fortnights holiday you must give 4 weeks notice. If you company refuses to let you take that particular time off the denial must be in writing, within a given timescale and be for "operational reasons". If they dont do that you are entitled to the holiday booked and you cannot be disciplined for doing so.

well, that is what the law says. Many companies dont understand the requirements or will use the operational reasons to mean anything they want it to mean. this idea of only taking 2.5 says a month is someone strangling their interpretation of the regs and sounds, as Emmzzi suggets, like a new person getting the 2 halves of the company holiday rules mixed up. Ask whoever makes the decisions that would cover all staff to clarify and if you dont get that answer, ask again in writing pointing out that it is the intention to go on holiday for a fortnight at the beginning of July and that your application is in line with the WTD and you expect a proper written reply in the allowed time. If you have booked a holiday and the company cant give a proper reason for not letting you take it they can become liable for your losses but you hubby wont be working there long after winning that one. Basically get clarification in writing ans someone will spot the error.

[Yam950]

Thank you for the replies. Yes he does have an employee handbook and a contract. He has brought these home tonight and the relevant bits say:

 

The holiday year runs Jan 1st to 31st December. You are entitled to 6 weeks holiday a year calculated at the rate of 1/52nd of the annual entitlement for each complete week of service remaining in the current holiday year

 

In addition to your holiday entitlement you may take and be paid for Christmas Day, Boxing Day and New Years Day.

 

Carrying over holidays - You MUST take your entitlement durin the holiday year, holidays may not be carried forward into the next holiday year nor will you receivepayments for holidays nottaken. (they have been doing this for another employee)

 

There is a bit more but it is just about what they class as public bank holidays and how they will be paid and that they wont agree to a holiday which is longer than 2 weeks

Hope this helps.

[renegadeimp]

So it looks like its one rule for your partner, one rule for everyone else.

 

 

As Emmzii advised above, ask your HR department for full clarification of the rules. If they differ, then ask why you were never informed of the changes and had an updated contract.

[honeybee13]

Hello again and thank you for the information.

 

So it looks as if 2 weeks off would be OK, as long as your OH gave the right amount of notice as advised by ericsbrother.

 

The guys know more than me, but I think I've read here that they can't stop your OH taking all his leave if they're not going to carry it over, or they have to reach another arrangement. Don't quote me though.

 

I think we're getting there, aren't we?

 

HB

[Yam950]

Thank you everyone. He is going to put it in writing and ask why he cant have the holidays he has asked for. I will keep you posted x