Lack of holidays in new job?

[dj9928]

After a couple of years struggling in a job I hated I finally got a new job that I really like but there is always a down side and that is the lack of holidays.

 

Yes there is 28 days leave getting it is a different story. Its a small family company, 7 employees, the others aren't to interested in holidays and take the money instead, I think so far this year they have had 3 days off.

 

The company sets holidays at the start of the year but then cancels them at the last min saying they are to busy, for example next we are supposed to be off 2 weeks next week for summer hols, that was cut to 1 week and just today cut to 2 days, to busy was the answer, the same happened at Christmas apparently even though I wasn't there.

 

As I say the others aren't worried, I'm very much in the work to live camp not the other but speak up and I'll be up the road. The others tell me its been a few years since they've even had a full week off

[Sidewinder]

Have you actually sat down and had a conversation with the employer over this? The law is quite clear that you MUST be permitted the statutory period of paid leave

 

What would be the situation if you had booked flights and hotel to go away during the two weeks that the employer originally notified?

 

The employer cannot cancel holiday arranged for next week at such short notice - to act lawfully they must give at least the same notice as the period of holiday involved - so if you were expecting a week next week then they cannot change this unless they give at least a week's notice. To reduce this to two days today is not lawful.

 

Appreciate that a small business might struggle, but this cannot and should not be an excuse for not managing the basic rights of their employees. You say that you would be 'up the road' if you queried it, but this would put them at a very high risk of a slam dunk Tribunal claim, so I say again that this needs some proper discussion.

[dj9928]

One guy had something booked so he got it off, It seems sitting at home and relaxing is not a good enough reason. But I'm very much on my own on this, they say you can have the time off elsewhere or get paid for it, The others still have last years Christmas holidays to take even though we are in a new holiday year.

 

I guess its in the same category as not paying min wage, unlawful yes but plenty still do it. Only being there a few weeks I could be sacked for any reason if I say anything.

[Sidewinder]

Only being there a few weeks I could be sacked for any reason if I say anything.

 

But to dismiss for asserting a legal right would be Unfair Dismissal irrespective of length of service. I DO understand that this is a very awkward situation though!

[steampowered]

I think there is a middle ground between being not saying anything and being confrontational. No reason why you can't ask your employer about holidays, if done in a polite way it shouldn't result in you getting sacked (even if they are acting unlawfully).

[GrahamMcLean]

When did you actually start the new job? The way it reads in some parts it appears you have only been in their employ for a few weeks.

[dj9928]

I started job in June.

[GrahamMcLean]

Sorry but to be blunt if you have only been working there for 4 weeks not sure you can fairly expect to get paid a fortnights holiday already.

[dj9928]

I wasn't looking it paid. In my last job I had 1 day off at Easter, I've had no Holidays since, when I left my previous job I was just a couple of weeks away from getting my summer holidays which I lost because I got offered this job.

[GrahamMcLean]

I wasn't looking it paid. In my last job I had 1 day off at Easter, I've had no Holidays since, when I left my previous job I was just a couple of weeks away from getting my summer holidays which I lost because I got offered this job.

 

You should of either got the holidays accrued or been paid for them from your previous employment. Did you speak to your new employer about taking holidays so soon after starting?

[dj9928]

You should of either got the holidays accrued or been paid for them from your previous employment. Did you speak to your new employer about taking holidays so soon after starting?

 

Yes you'd think that, I think I posted a thread on this, but my previous employer did it a stupid way, he paid in advance then as you accrued it he clawed it back, so my replacement for example got 2 weeks off with full holiday pay even though he was only their 2 weeks.

 

I did mention it but it was put to me in not so many words you will get a week not 2, So I agreed, but as I say that was cut to 2 days again

[dj9928]

So thought I would bump this as we are hitting Christmas shortly, I thought I'd get in early and book my holidays but it seems Christmas isn't gonna happen either.

 

Any job I've had in the past at Christmas we always got 2 weeks holidays. So I asked my boss, I said I'd like to book holidays at Christmas what way does it work, He said "Ah we are quite far ahead at the moment so if this keeps up we "Might" get 1 week off," so that just took the wind out of my sails about getting 2 weeks, he then said others have holidays to take from last Christmas which might delay us so we might only get 2 days. I mean 2 days??

 

My co workers had 15+ days to take as they got hardly any holidays all year, they still even had last years Christmas holidays to take yet. How do I handle this? I will have my holidays accrued by Xmas and I want to take them, I have small children, I want to be of when they are off.

[Emmzzi]

you know there is no right to holiday when you want it, right?

[dj9928]

you know there is no right to holiday when you want it, right?

 

Yes I know but my contract states they must be used before the end of the year

[Emmzzi]

ask when you can have it, book it and when they try and cancel it explain you have booked to go away

[dj9928]

I started a job end of June, Stat holidays 28 days per year, we closed in July for a week but I never got any holiday pay, also the August bank holiday, so come December how many days should I have left?

 

By my counting at 2.3 days per month I should have 12? But what happens that week we were of but I never got paid?

[renegadeimp]

If you are employed by the company and on a normal contract then you are still entitled to basic holiday accrument under UK law.

[dj9928]

Yes I know that I want to know how many days I should have left, our holiday year runs from Jan to December

[renegadeimp]

YOUR holiday entitlement starts from when you commenced employment. They cant change the law about that.

[dj9928]

Yes I know that, I want to know how much I will have to use before the end of the year as it all has to be used or I loss it.

[renegadeimp]

As you mentioned originally. Work out your entitlement using the law, and thats what they have to give you.

[dj9928]

But what happens if I was off and never got paid? Can I still count that?

[Emmzzi]

As what? Holiday? Holiday pay eligible work? I don't u derstand the question, please rephrase it.

[dj9928]

OK soon after I started the company closed down for 1 week, because I had only started I never got any holiday pay, so even though I took 1 weeks holidays I never got paid, would the this 1 week unpaid come of my holiday entitlement.

[Emmzzi]

No. But it might be days not worked for purposes of calculating your paid leave entitlement.