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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 61763
Experience:  Qualified Employment Solicitor
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I just have a problem at work.my manager dont want give me a

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Hello.i just have a problem at work.my manager dont want give me a holidays from new year.can you help me understand my rights?
Assistant: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: I been asked to my manager and give her the holiday form,where said that in same time I allowed to take 2 weeks of holidays,but I was asking only 10 days.she said that they can't give to anyone so long paid holidays and offer to me take 5 days unpaid out of 10 days.
Assistant: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: I'm full time employer
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: Just my rights,because tomorrow I'm going to have a chat with my manager and I need to know that they offer me not legal things

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. I may also need to ask some questions to determine the legal position.

How long have you worked there for?

Customer: replied 9 days ago.
Hi Ben.
Customer: replied 9 days ago.
Almost 3 years
Customer: replied 9 days ago.
I worked for a company
Customer: replied 9 days ago.
So,I just read properly my contract.there said that we can take 5 days of holidays in january.it's just by the contract,but if I'm asking about 10 days,why manager offer me rest 5 days as unpaid leave?
Also,in the contract says that we not allowed take holidays in December and July.But nothing about January.So,thats mean ,by the contract I can take 5 days(New years) whitch company offer me and extra 5 days ,whitch I can take by the law?
Customer: replied 9 days ago.
Hello?

Thank you. I will explain how the law on holidays works. According to the Working Time Regulations 1998 employers have the authority to decide if and when their employees take their holidays. There are specific requirements dealing with the length of notice that must be given in relation to this and they can be summarised as follows:

• If an employee wants to take holiday they must give the employer notice which is at least twice as long as the time they want off. For example if they want to use up 5 days holiday from their allowance they must submit their request at least 10 calendar days before they want the holiday to start. However, even if this notice is given, it does not guarantee that the holiday request will be granted

• If the employer wants to reject that request, they must give the employee notice which is at least as long as the holiday they had requested to take. So in the same example of an employee wishing to take 5 days holiday, the employer can reject that request if they advise the employee at least 5 calendar days before the holiday was due to be taken.

• An employer can also force their employees to take holidays at a time decided by the employer. To do this the employer must give the employee notice which is at least twice as long as the holiday to be taken. So continuing with the same example, the employer must give 10 calendar days notice to the employee if they want them to take 5 days leave.

 

The employer therefore has an unconditional right to reject a holiday request or force the employees to take holidays at a specific time, as long as they give the correct amount of notice, in accordance with the Working Time Regulations.

 

One issue that sometimes arises is what happens if the employee is unable to take their annual holiday allowance in the current holiday year and end up having untaken days at the end of the year. A recent European case confirmed that in these circumstances the employee does not lose their entitlement to leave and the employer will have an obligation to remind them that they have the outstanding leave in place. If the employer reminds the employee but the leave remains untaken, they may lose it, but if the employer does nothing and the leave is not taken, the employee should be able to carry it over.

 

Does this answer your query?

Hello, I see you have read my response to your query. Could you please let me know if it has answered your original question? You can simply reply on here with a quick ‘Yes, thanks’ and I won’t bother you again. Thank you

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