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Ben Jones, UK Lawyer
Category: Law
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# Is a company breaking the law if its employees can not mathematically

### Resolved Question:

Is a company breaking the law if its employees can not mathematically take all their holiday entitlement in the allotted year
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. Can you please explain your situation in a bit more detail

Customer:

I was chatting to you about bank holidays about a week ago and how the company (veolia) does not allow any more than 1 crew member off at any one time , i am a refuse collector with 2 loaders (as is each crew) , the problem we have is that we have 20 drivers of which we have 16 crews (a crew is made up of 1 driver and 2 loaders) who are all entitled to 5 weeks holiday a year , on our original contract before we were toupeed over we were entitled to an extra days holiday for every years service from 2003 up to a maximum of an extra 5 days a year , so that gives some workers 5 weeks holiday plus bank holidays totaling 33 days a year and others 4 weeks plus bank holidays , now that they have stopped me taking the same time off as a loader on my lorry , we are struggling to get all our holidays taken in the allotted time , to save you all the maths , heres the problem , i`ll work on 5 weeks per driver as it gets worse with 6 weeks , 20 drivers X 5 weeks equals 100 weeks , they only allow 2 drivers off at a time so 100 weeks divided by 2 equals 50 weeks , no problem there , but , when they stopped us from taking time off with a crew member , this is where the problem started , theres 52 weeks in a year of which my loaders are entitled to 5 weeks each (actually they are entitled to 6 weeks each but i am working on 5 weeks per year) , thats a total of 10 weeks which i can not book any holiday , 52 minus the 10 weeks for my 2 loaders leaves me with 42 weeks holiday , as i said , it takes 50 weeks for all the drivers to get their holiday entitlement in

Ben Jones :

I will look into this. Can you please leave a rating for the other question in the meantime as it still shows as open

Customer:

ok

Ben Jones :

Under law an employer has to allow its employees to take a minimum number of days’ holiday. This number would depend on the days/hours an employee works and for a full time worker who works 5 days a week, the law entitles them to a minimum of 5.6 weeks’ holiday a year (these can include bank holidays too). If they work part time then their entitlement is calculated pro-rata. Whilst the employer can refuse a request for annual leave or force employees to take leave at a specific time, as long as they have given the employee all opportunities to take their leave in the holiday year, that would be sufficient and they cannot be held accountable if an employee simply fails to take what they are due in that year. However, if it is simply impossible for the employee to take all of their leave due to restrictions or polices in place, that is quite likely unlawful as they are just not given the minimum entitlement by law.

Customer:

Thank you very much , thats just what i wanted to hear

Ben Jones :

You are welcome, if you don't mind leaving your rating please for the two questions that would be appreciated, thanks

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45389
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'

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