# Boss refusing to allow entitled holidays



## nilitara (May 2, 2008)

Hi all

I'll keep this as short as possible. My sister in law, whom I work with, has been refused her holiday entitlement. We get the minimum 28 days, and she's got 2 or 3 days remaining.

These holidays have got to be taken before the year ends. Can they refuse her request? 

Nige


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## Bowden769 (Feb 21, 2011)

28 days 

i only get 20 booo


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## The Cueball (Feb 8, 2007)

Simply - Yes they can.

Longer version....they have to have a really good reason not to (imo).



> If you want to take holiday
> You must give your employer advance notice that you want to take holiday. This notice should be at least twice as long as the amount of holiday you want to take. For example, you should give two weeks' notice for one week's holiday.
> 
> Your employer can refuse permission for your holiday as long as they give you notice which is at least as long as the holiday requested. So to refuse a request for a week's leave, they would have to tell you a week in advance.
> ...


:thumb:


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## kh904 (Dec 18, 2006)

The Cueball said:


> Simply - Yes they can.
> 
> Longer version....they have to have a really good reason not to (imo).
> 
> :thumb:


So what would happen to those remain holidays once it goes past the cut-off date where you must use your holidays?


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## Tricky Red (Mar 3, 2007)

kh904 said:


> So what would happen to those remain holidays once it goes past the cut-off date where you must use your holidays?


I would think they would have to pay them up or continue them into the new year.


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## Shinyvec (Feb 12, 2010)

This might be the Boss making things awkward so that your Sister leaves rather than the boss sacking if he has no legit reason to


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## bigmc (Mar 22, 2010)

Tricky Red said:


> I would think they would have to pay them up or continue them into the new year.


They're not obliged to do either.


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## Method Man (Aug 28, 2009)

What provision is made for this in the contract of employment?


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## kh904 (Dec 18, 2006)

bigmc said:


> They're not obliged to do either.


Isn't that unfair though? 
What then stops the boss refusing holidays near the cut off date so that they can save themselves money & the staff ending up losing out?


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## Method Man (Aug 28, 2009)

kh904 said:


> Isn't that unfair though?
> What then stops the boss refusing holidays near the cut off date so that they can save themselves money & the staff ending up losing out?


Quite possibly but it's an employers' market out there these days and they can pretty much do what they want other than sh4g you!


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## bigmc (Mar 22, 2010)

kh904 said:


> Isn't that unfair though?
> What then stops the boss refusing holidays near the cut off date so that they can save themselves money & the staff ending up losing out?


It probably is tbh but there's probably plenty of time to use your holidays throughout the year, I've got 18.5 days left to take this year plus 2 weeks paternity to take in November. My company lets you carry them over though.


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## The Cueball (Feb 8, 2007)

kh904 said:


> So what would happen to those remain holidays once it goes past the cut-off date where you must use your holidays?


You either lose them...

Carry them forward...

Or get paid for them....

My staff never have any left over as I make a point of giving people time off throughout the year...so-one is so important that they can't take holidays and (IMO) it's very poor business practice not to "make" your staff to take all their dues...

:thumb:


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## Deano (Jul 7, 2006)

The Cueball said:


> You either lose them...
> 
> Carry them forward...
> 
> ...


Cuey can I come work for you? :lol:


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## Kriminal (Jan 11, 2007)

Deano said:


> Cuey can I come work for you? :lol:


^ me too. We could have a whole office full of car-cleaning-nutters....oh the joys of our conversations  :thumb:


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## wayne10244 (Aug 24, 2008)

I got 35 days left to take 24 of thease days are from last year from having a heart attack and the 11days are from the summer shut down when I was off with very low blood pressure. So when I start back to work on the 1 of November I will there for a couple of day than I have to use my days up as I be having more tests for my heart


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## alan hanson (May 21, 2008)

surely if your contract states 28 days your employer cant refuse you of these, yeh they can try and make you take them when then would prefer?


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## R0B (Aug 27, 2010)

An employer has to BY LAW let you take your full holiday entitlement during the working year.
They cannot refuse you the right to take all holidays that you accrue during the year in accordance with your employment terms and conditions. Minimum 28 days inc public holidays by the way.
They can refuse you request of when you take them and also can insist you take them at specified times but not taking them at all ,nope thats not legal:thumb:


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## Doc943 (Mar 27, 2011)

It would be unwise to throw the law at her boss and think she still has a safe job. She needs to check her contract of employment which should state her entitlement and time period. Normally they are obliged to honour it by carry forward to next year or pay in lieu. She should also have a chat with her HR or union rep to clarify.


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## lobotomy (Jun 23, 2006)

I'd say if he has a business case why she shouldn't take them then he's perfectly placed to do so.

We are allowed to carry 5 days into the next year, anything more we lose, no cash alternative. For a business letting people carry as many holidays into the next year is pretty daft - Someone could opt to not take holidays for 2 years then take 6months off!

P.S. I get 39days holiday (including public holidays which are all floating)


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## R0B (Aug 27, 2010)

Holiday entitlement is not an extra perk in a contract of employment,the law states that 5.6weeks is the minimum .
If as said above the boss has a business reason why she cannot take them then he would need to negotiate the alternative with the employee ,he cannot simply remove the entitlement without recompense due to him not wanting to allow it.


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## STEALTH K3 (Dec 29, 2006)

May be worth going to Citizens Advice FYI I get 224 days holiday a year


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## Matt. (Aug 26, 2007)

^ :doublesho

I get 20 days.

Usually save at least 5 for the Christmas period.

In June, we decided to go away some time, so one Friday we booked to go on the Monday.

My boss let me go no problem, with 5 days pay.


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## Darlofan (Nov 24, 2010)

We get 25 days a year plus bank hols and 11 days at Xmas off and we also have a perk where we can buy or sell up to a week. So i get an extra week off and they take it off my monthly pay(about£25 a month). Before people say wow thats a good deal, it is but if i take hols no-one does my job whilst off so if i take a fortnight off i have a fortnight to do a months work in!!


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## PugIain (Jun 28, 2006)

I get 3 days of my choice.
I did have 5 before I got made redundant,but as Ive only been back a year and a half its 3.


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## Beau Technique (Jun 21, 2010)

If its in the contract then she is entitled to them. By law you get allocated X amount of days per working month ( 1.67 days roughly per working month ). So long as sufficient notice has been given then it shouldnt be a problem bar reason of other staff in the same area being off at any one moment.


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## spursfan (Aug 4, 2009)

kh904 said:


> Isn't that unfair though?
> What then stops the boss refusing holidays near the cut off date so that they can save themselves money & the staff ending up losing out?


That is when your sister in law can then take her boss to a tribunal.
As long as she has records of leave being denied then the boss would be seriously in the wrong.


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## Buck (Jan 16, 2008)

They can refuse to allow leave if insufficient notice has been given (I stipulate 4 weeks but generally waive this if the reason is good and it won't compromise us)

If the holidays can't be taken by the year end then the employer may carry them over into the next year or pay them up. 

As Cuey says, unless you are off paid sick or on maternity (both of which accrue annual leave even though physically it at work) there is no reason why leave shouldn't have been planned. 

We make our team take one week in the Jan-Mar period, two weeks in July-Sept and the remaining time around this in line with the needs of the business. 

Bottom line is use it or lose it


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