Working instead of taking holidays

[newmoses]

Can someone with good knowledge please help me to rectify a problem at work.There have been at least 4 times where employees who were on holiday but not going away have been rang by the office and asked if they can work part or all of their holidays.The union at work disagree with this practice saying it is unlawful....The management(or more the directors) disagree saying there is no law on selling your holidays..I got this info. from a u.k. website,

Can you ‘buy back’ holiday from your staff?

It is not lawful ( not permitted or recognised by law), to pay employees instead of letting them take holiday (except in limited circumstances upon termination of employment), even if the employee would be happy to agree it.

However, there is nothing to stop an employer and employee coming to an agreement to “buy back” any contractual holiday that you offer OVER AND ABOVE THE STATUTORY MINIMUM.For example if you offer staff 30 days leave, you could legitimately buy back two days, although the employee could not oblige you to do so.

 

 

Am I therefore correct in saying the office/management/directors etc, cannot allow staff to continue working instead of taking their holidays unless it is any days over and above the statutory 28 days?. I looked on Gov.co.uk but found nothing to suggest staff can or cannot sell their holidays back.I need some clarification on this issue please.

[Sidewinder]

The information which you have is correct. An employer CANNOT deny an employee the opportunity to take the full statutory holiday entitlement of 5.6 weeks annually. They CAN by agreement with the employee make alternative arrangements for time off over and above statutory entitlement.

 

The employer IS entitled to ask an employee to defer part or all of their holiday, but NOT to pay them instead of taking the holiday at some later time. They CAN also cancel an employee's pre-booked holiday providing that adequate notice is given - at least twice the period equivalent to the time booked as holiday - but again the employee MUST be allowed to take the leave at a another time.

 

Working Time Regulations 1998 Part 2 Section 13 (9) (b)

(9) Leave to which a worker is entitled under this regulation may be taken in instalments, but—

(a) it may only be taken in the leave year in respect of which it is due, and

(b) it may not be replaced by a payment in lieu except where the worker’s employment is terminated.

[newmoses]

Just one other thing that sprung to mind.I will base it on the provisions at my work place.....I take a holiday of one week (7 days, from sunday to saturday), and the company pay me 5 X 7.48 hours (totalling 39 hours pay).So,in theory, I have 7 days holiday of which 5 are paid and the other 2 are rest days.Can I offer to work those 2 rest days as they are not part of my statutory holiday entitlement.?

[griffzilla]

You are then taking 5 days holiday, not 7.... so yes, you can offer to work the 2 rest days.

[newmoses]

Supposing you get paid so many hours a year for holiday instead of so many days.Does that have any effect on the above issue?

[Sidewinder]

Supposing you get paid so many hours a year for holiday instead of so many days.Does that have any effect on the above issue?

 

No - the hours paid still have to be equivalent to at least 5.6 weeks of your normal working pattern and you MUST be allowed to take the time off