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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6305
Experience:  15 years experience of advising on employment law matters
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Can my employer withold some of my annual leave entitlemen

Resolved Question:

Can my employer withold some of my annual leave entitlement?
Submitted: 3 years ago.
Category: Employment Law
Expert:  taratill replied 3 years ago.

taratill : Hello my name is XXXXX XXXXX I am happy to help you today. How long have you worked for the employer and what exactly are they trying to do regarding your leave?
Customer:

I have worked for them for nearly 4 yrs ( royal mail)

taratill :

Ok thanks so in what way are they withholding your leave? I need to just pop into a meeting but can resume just after 9 am.

Customer:

And I have 7 days leave owing me until the end of march. I have been told that I will have to carry them over into the next holiday year and I won't be able to take any leave until then. Can they do this?

taratill :

what business reason have they given, if any , for this?

Customer:

No more availability for this year!

taratill :

Ok how many days in total do you receive in a leave year, including bankholidays?

Customer:

20 + 8 b/h

taratill :

Ok, they are not entitled to require you to carry over as this is in breach of the working time regulations and the requirement to be allowed 28 days annual leave in a leave year.

taratill :

If you take your holiday and are disciplined for doing so then this is unlawful.

taratill :

You should raise a grievance about this, if you are a member of a union you should seek their support.

taratill :

If you have any further questions please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.

Customer:

Thank you ... much appreciated

Expert:  taratill replied 3 years ago.
No problem, please do remember to rate my answer as it is an important part of the process.
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6305
Experience: 15 years experience of advising on employment law matters
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