Employment Lawyers Can Answer Your Employment Law Questions
Hi, sorry I was offline by the time you had replied. Under law, specifically the Working Time Regulations 1998, an employer has the right to force its employees to take their annual leave on specific dates chosen by the employer. All that is required is a minimum notice period to be given by the employer and as long as that is satisfied, the employee can be forced to take their leave whenever the employer chooses. The notice that is required must be at least twice as long as the holiday to be taken. So for example, if the employer wants you to take 2 days off on a specific date, they must advise you of this at least 4 days in advance of this. If they have done so, then they can force you to take this time off from your annual leave entitlement.
In your case there is an ongoing request to take time off from your annual leave and as long as this is not a continuous period of time off (i.e. unbroken by any other working days), then each one would be treated separately and the notice periods that apply would be quite short. So let’s say in a week’s time the employer wants you to a day’s annual leave and a few days later they want you to take another one. For the first one they only need to give you 2 days’ notice and the same would apply for the next. If this is a week away then if they tell you now then they would have satisfied the legal requirement of giving you the minimum notice period required.
So I am afraid you can be forced to take your annual leave on days chosen by the employer – it may appear unfair but it is legal.
Hope this clarifies your position? If you could please let me know that would be great, thank you
I am afraid it does not matter if others in the same trust are treated differently - this is an unconditional legal right on the part of the employer and if they wanted to they can apply it to part of their workforce and not to others. They do not have to treat everyone the same in that respect
t welcome, all the best
sorry ignore the last line
I know this is not necessarily the answer you wanted to hear but I am afraid it is your legal position and I have to be honest
Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? Thanks
Hi Deb, your employer can only force you to take annual leave which you have accrued in the current holiday year. They cannot make you take leave which has not yet accrued and then claim that you 'owe' them that time. If you have not accrued enough leave to be able to take the time off as holidays then you will either have to remain on sick leave for that time and get pay the sick pay allowance you are due, or they will have to agree with you to reduce your pay to reflect the hours you are actually working. However, they cannot force you to do this unless your contract allows it and this is something which must be agreed with your consent otherwise if they force you to do this it may amount to breach of contract on their part. Hope this answers your query?