Employment law question

[xbakerbob]

My son works for a national tyre firm and along with the other staff are always trying to book holiday`s.

When trying to book these they are always being told they cannot have them and that will result in the Holdays being lost at the end of the year.

There`s been talk of the company paying them any days holiday they have left at the end of the year, but i thought that was ilegal.

Any thoughts ?

Cheers.

 

[Horsham Gull]

Paid annual leave is a legal right that an employer must provide. If a worker thinks their right to leave and pay are not being met there are a number of ways to resolve the dispute.

Booking time-off
The general notice period for taking leave is at least twice as long as the amount of leave a worker wants to take (eg 2 day’s notice for 1 day’s leave) unless the contract says something different.
An employer can refuse a leave request but they must give as much notice as the amount of leave requested, eg 2 weeks notice if the leave requested was 2 weeks Although employers can refuse to give leave at a certain time, they can’t refuse to let workers take the leave at all.

Holiday entitlement - GOV.UK

Hope some of this info helps

 

[Lord Bracknell]

The basics on holiday entitlements are set out here:-

Holiday entitlement - GOV.UK

My understanding is this:- A full time worker is entitled to 28 working days paid leave each year. This takes into account public holidays. Employers are usually entitled to have some say in when holidays will actually be taken. In particular, they are entitled to manage holidays in a way that ensures that the organisation can function effectively throughout the year. This can involve refusing particular requests for paid time off. But no employer is allowed to deny an individual leave to the point at which pay in lieu of leave is the only option that is offered.

Part-time workers have the same basic entitlements, but pro-rata to full-time workers.

 

[Herr Tubthumper]

Looks like your son's employers had better TREAD carefully otherwise they could get in trouble over this.

 

[upthealbion1970]

Wheely good luck bob, hope its not driving your son nuts. Tell him to make a (axle) stand and not to get deflated or tyred while he's (balance) weighting to get this problem sorted. Bet you're going spare.......

Which firm btw?

 

[Herr Tubthumper]

Wheely good luck bob, hope its not driving your son nuts. Tell him to make a (axle) stand and not to get deflated or tyred while he's (balance) weighting to get this problem sorted. Bet you're going spare.......

Which firm btw?

This. Your son is having a shit time at the moment but I'm sure 2013 will be a GOODYEAR.

 

[skipper734]

I'm fairly sure that he has to be paid or the time carried over for any Holiday entitlement he hasn't taken, for whatever reason. Due to inflation among other reasons everyone needs a valve to release the tension of the working day, this is wheeley essential for some, remember what goes round comes around!

 

[Herr Tubthumper]

This is scandalous. Companies should not be allowed to Dunlop-erate like this.

 

[Lord Bracknell]

This is scandalous. Companies should not be allowed to Dunlop-erate like this.

It's easy for you to torque like that.

 

[skipper734]

Nuts........

 

[Westdene Seagull]

My son works for a national tyre firm and along with the other staff are always trying to book holiday`s.

When trying to book these they are always being told they cannot have them and that will result in the Holdays being lost at the end of the year.

There`s been talk of the company paying them any days holiday they have left at the end of the year, but i thought that was ilegal.

Any thoughts ?

Cheers.

I suggest they take legal advice - well worth the money. If they get together as a group they could divide the cost. I very highly recommend Fiona Martin of Martin Searle in Brighton - martin searle solicitors - Brighton, Croydon, Gatwick Crawley

For about £150 you'll get an hour of her time, she'll be able to tell you what rights the group have and recommend how to tackle the employer. She'll also tell you if she thinks you have a case she could win for you and thus you not having to pay the costs as your employer would have to ( if they lost ).

Often a well constructed letter ( written with legal assistance ) and with the mention of "legal advice" is more than enough to gt an employer to back down. I speak from experience !

 

[upthealbion1970]

It's easy for you to torque like that.

(H)ATS off to you for that one LB

 

[Simster]

Often a well constructed letter ( written with legal assistance ) and with the mention of "legal advice" is more than enough to gt an employer to back down. I speak from experience !

Yes, as long as it's well constructed and not full of SPIN.

 

[Arthur]

I suggest they take legal advice - well worth the money. If they get together as a group they could divide the cost. I very highly recommend Fiona Martin of Martin Searle in Brighton - martin searle solicitors - Brighton, Croydon, Gatwick Crawley

For about £150 you'll get an hour of her time, she'll be able to tell you what rights the group have and recommend how to tackle the employer. She'll also tell you if she thinks you have a case she could win for you and thus you not having to pay the costs as your employer would have to ( if they lost ).

Often a well constructed letter ( written with legal assistance ) and with the mention of "legal advice" is more than enough to gt an employer to back down. I speak from experience !

Yeah good idea, take your employer to court over a poxy day off. No wonder this country is f***ed when everyone is trying to get out of doing a hard days work.

The same people will no doubt be the first to moan when redundancies come round and they find themselves for some "unknown" reason top of the list.

 

[Woodchip]

Yeah good idea, take your employer to court over a poxy day off. No wonder this country is f***ed when everyone is trying to get out of doing a hard days work.

The same people will no doubt be the first to moan when redundancies come round and they find themselves for some "unknown" reason top of the list.

Dear Arthur, you may look like less of a twat if you actually read the OP.

 

[upthealbion1970]

This. Your son is having a shit time at the moment but I'm sure 2013 will be a GOODYEAR.

Indeed, if he gets his holiday time sorted will it be a CONTINENTAL break?

 

[Everest]

Whatever you do, don't get CROSS. PLY your son with drink. That'll sort him.

Just keep TRACK of the situation.

 

[house your seagull]

What reason has the employer denied the leave request? Have they offered an alternative?

'Paying' for holiday entitlement at the end of the leave year is a last resort and not good practise, but if the employer acted 'reasonably' in trying to get the employee to take leave then there's not much you can do. Employers don't have to grant every holiday requests.

And don't pay for a lawyer, you'll get everything you need from the CAB.

In the first instance though you should advise your son to talk to the HR department and get it ironed out, no need to involve third parties.

 

[Woodchip]

Whatever you do, don't get CROSS. PLY your son with drink. That'll sort him.

Just keep TRACK of the situation.

I personal think it will take some RADIcAL thinking to get the bosses seeing straight.

 

[Westdene Seagull]

Yeah good idea, take your employer to court over a poxy day off. No wonder this country is f***ed when everyone is trying to get out of doing a hard days work.

The same people will no doubt be the first to moan when redundancies come round and they find themselves for some "unknown" reason top of the list.

It's called the employer sticking to the law - if they choose not to ( as appears to be the case here ), then they deserve to end up in court. Many employers play on their employees just rolling over ( which looks like you would do ) when in fact those employees actually have rights enshrined in law. Feel free to continue being your employers doormat but some off us will stand up for our rights thank you.