Holiday entitlement

[Martin MGA]

A friend of mines has been advised he must take both his weeks entitlement at the same time. He has about 22 over the course of the year and a rota goes round for next summers holiday (which obviously is normally 2 weeks).

He is not going on holiday in the summer but is going away for a few days in March so asked for 1 week. This was given then he was told due to new law, which apparantly is to ensure employees do take a full 'rest', he needs to take another week off either side.

Is there indeed new legislation in place which requires employees to take 2 full weeks holiday even when then don't want to?

Thanks,
Martin

 

[Antonia @limeone.com]

No, currently there is no law in place to demand 2 weeks off together. However many employers insist on this to comply with Health and Safety legislation on stress at work- it is recommended workers have 2 complete weeks off each year consecutively.

The need to have the time off in this way can be included in the contract but again it is for the worker to apply for their chosen 2 weeks and not be informed on booking one week they need to take another.

New legislation is in the pipeline currently. The existing law covers 4 weeks holiday per year and not less than that ( including pro rata workers). I am assuming here that your friend is not in any form of unusual employment like an offshore worker or armed forces, or aviation where special rules apply.

 

[bwglaw]

Generally, an employer can control when an employee takes the annual leave entitlement taking into account the circumstances of his business including staffing levels.

The employers policies and procedures may set out how the annual leave entitlement shall be spent during the employer's leave year and/or a procedure setting out how to request annual leave and employees should request the leave before booking a holiday.

 

[Martin MGA]

I am assuming here that your friend is not in any form of unusual employment like an offshore worker or armed forces, or aviation where special rules apply.

No, just a normal office type job.

The employers policies and procedures may set out how the annual leave entitlement shall be spent during the employer's leave year and/or a procedure setting out how to request annual leave and employees should request the leave before booking a holiday.

The employer is a large UK financial organisation, and he has not had to take the holidays like this before. Only after he had booked in 1 week they told him the law has changed, although he was never notified of this or signed any other contract.

 

[bwglaw]

The employer is a large UK financial organisation, and he has not had to take the holidays like this before. Only after he had booked in 1 week they told him the law has changed, although he was never notified of this or signed any other contract.

The law has not changed where employees are entitled to a set amount of annual leave and certainly the law does not say when it must be taken. This is a matter between employee and employer i.e. staff handbook. It could be that the employer is referring to the fact that their policy has changed. However, it could be a simple case of that your friend has never booked a two-week annual leave consecutively or that it has been previously authorised, albeit incorrectly, for the employee to split the annual leave

If the employee has followed the employer's procedure for requesting annual leave and has incurred a loss as a result then it may be worth bringing this up with the employer, even if that means making a grievance.

Is your friend a member of a Union?, if so, he/she should obtain advice from them

Jonathan

 

[Antonia @limeone.com]

There have been recent legal developments through case law involving the FSA where security and longer holidays of staff where advised. I suspect this is what the employer is referring to. If they have not changed their internal policy on holidays then it is a matter of negotiation and as a last resort a grievance.

 

[Martin MGA]

They told him today that it was European Law!

 

[Antonia @limeone.com]

Get him to ask them exactly what area of EU law this is! We have a very good EU lawyer here and he would be delighted to comment on the validity of this

 

[Cornish Steve]

Just an aside, but why can't companies resolve these issues internally? If reasonable employees explained their needs to reasonable managers, instead of one or the other digging in their heels, we could save billions of pounds in litigation, reduce the size of government, and enjoy happier workplaces. Without casting aspersions on the legal eagles, the need for lawyers is usually bad news. It means we've "picked sides" instead of realising we're all on the same side.

Even terminology is important: Are holidays a benefit or an entitlement?

 

[bwglaw]

A good point Steve.

From experience it is either the employer does adequately communicate with their staff, or employees jumping the gun and running to a lawyer for advice and complete misconceive the employer's actions when the actions are completely legal and places a duty on the employer to act this way.

I have on many occasions turned away employee clients because they have not even discussed their concerns with their employer before approaching us. The diverse clients and enquiries we get is very interesting indeed.

"Are holidays a benefit or an entitlement?" Both but more an entitlement that should be used during the course of employment. Becomes a benefit when employee leaves employment and is paid in lieu of. This is not a legal statement as such but my own opinion.