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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 49789
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have had 1 week total holiday used this year and have had

Customer Question

I have had 1 week total holiday used this year and have had the rest planned to take over last month and the coming months. These have all since then been canceled and no sign of being allowed to take further holiday.
What am I entitled to do in this case?
As I am aware they could carry them over but it's around 22 days worth so next year they would not allow 50 days.
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. Why were they cancelled and who by?
Expert:  Ben Jones replied 2 years ago.
Hello, not sure if you saw my initial query above - Why were they cancelled and who by?
Customer: replied 2 years ago.
They were canceled due to not being being to run the business due to being short staffed by our area manager at the time
Expert:  Ben Jones replied 2 years ago.
How long was the holiday for and how much notice did you get of the cancellation?
Customer: replied 2 years ago.
I had 2 canceled one was for 2 weeks and another was 1 weeks. A week half a half before the my 2 weeks holiday I was told they had all been canceled due to short staff
Expert:  Ben Jones replied 2 years ago.
Thank you for your response I am working in a tribunal today. I will review all the information given to me
and get back to you later in the day with my advice on how to proceed with this.
please do not respond to this as this may push your question to the back of the queue and you may experience delays.
Expert:  Ben Jones replied 2 years ago.
Many thanks for your patience. The Working Time Regulations 1998 give employers the power to dictate when employees take their holidays. They can force them to take annual leave on specific dates or they can prevent them from taking it on specific dates. However, to avail of these powers the employer must give the employees a minimum notice period. In the case of stopping leave being taken the employer must give the employee notice which is at least as long as the holiday to be taken. So if you had booked 2 weeks they should have told you at least 2 weeks in advance. For the week’s holiday it should have been at least a week in advance. So it does not look like they have given you sufficient notice to cancel the 2 week holiday, although the week long holiday would have been cancelled with enough notice. It is probably a bit late now but you could have refused to cancel the 2 week holiday due to them not meeting the legal notice requirements to cancel it.In general, if leave is cancelled the employer should allow you to take it a later date, either in the current or following holiday year, or if that is not possible then they should still pay you for the equivalent of the holidays you have been unable to take. I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Customer: replied 2 years ago.
So to clarify they can pay for the time I haven't had off. So for example an extra two weeks wages? I was told by our employee relation team this is not allowed legallyAlso if needed where can I seek legal assistance if they will not allow me to take the time off this year or carry across into next year. Thank you
Expert:  Ben Jones replied 2 years ago.
Hello, sorry if I did not explain it in more detail, I should have made it clearer. There are two parts to your holiday allowance – the statutory part which you are entitled to by law, and the contractual part which is anything on top of that. They cannot pay you for the statutory part as that is not allowed, however they can pay you for the contractual part. The statutory part is your minimum allowance by law, which is 28 days for a full time worker – that is the part you cannot get paid for if it is left untaken. However, anything on top of that is contractual entitlement and the employer could compensate you instead of letting you take it.
If you need to seek legal assistance you may do so through Citizens Advice Bureau – they are free. Anything else you would be charged for and it can get expensive so it is up to you whether you want to engage a solicitor. But if you need one you can search through the Law Society.
If your original question has been answered I would be grateful if you could please quickly rate my answer by selecting 3, 4 or 5 starts at the top of the page - it only takes a second to do and is an important part of our process. I can still answer follow up questions afterwards if needed. Thank you