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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 78592
Experience:  Qualified Employment Solicitor
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I’ve been working with NHS111 since December… I assumed my

Customer Question

Hi, I’ve been working with NHS111 since December… I assumed my holiday started December to December as it never renewed in April, I was never told when my holiday renewed. I have now just been told there are no more spaces to book holiday for august and September and any holiday not used will be lost. I still have 12 days holiday to take as I was waiting to use it in the winter and for Christmas
Submitted: 5 days ago.
Category: Employment Law
Expert:  Ben Jones replied 5 days ago.
Hello, I’m Ben, an employment solicitor, and it’s my pleasure to assist you. I may ask for some information first to determine the legal position.
Customer: replied 5 days ago.
Expert:  Ben Jones replied 5 days ago.

I understand your query relates to annual leave. Does your contract state when your employer's holiday year starts/ends?

Customer: replied 5 days ago.
No, I just had a look and I can’t see it states October to October
Customer: replied 5 days ago.
It says commencement date, 30th October… but it don’t say that in the holiday section
Customer: replied 5 days ago.
I just screen shot the section of my holiday
Expert:  Ben Jones replied 5 days ago.

Thank you, ***** ***** I just check if your employer is willing to pay you for any annual leave you are unable to take before the holiday year resets?

Customer: replied 5 days ago.
I don’t have £44 pounds
Customer: replied 5 days ago.
To talk ok the phone
Expert:  Ben Jones replied 5 days ago.

Hi there. Phone calls are an additional service, which is entirely optional. You do not need to choose to request a phone call as I am still here to deal with your original query in writing over this chat.

Expert:  Ben Jones replied 5 days ago.

can I just check if your employer is willing to pay you for any annual leave you are unable to take before the holiday year resets?

Customer: replied 5 days ago.
I checked that… they said they will only pay me 22 hours out of 87 .. which is a week, I only work 22 hours a week…. I said that’s not fair , that’s not enough t
Customer: replied 5 days ago.
87 hours works out to be thst I have 4 weeks holiday left… I work 3 days a week… they said they will only pay back a week, so 3 days and I will loose these other 9 days… but I said that’s not fair…. No one told me my holiday runs out in October and there is never holiday to take..
Expert:  Ben Jones replied 5 days ago.

OK I understand and thank you for providing the information requested. Please do not worry and leave it with me for now. I will get back to you with my full reply on here; usually the same day and the system will notify you when this happens.

I should also make you aware that this is not always an instant service, due to various legal engagements I could have and I may not be able to reply immediately. However, rest assured that I will be dealing with your query and will get back to you as soon as I can. Thanks.

Customer: replied 5 days ago.
Thank you so much, means a lot :)
Expert:  Ben Jones replied 5 days ago.

No problem at all. I will get back to you at the earliest opportunity. Many thanks

Expert:  Ben Jones replied 4 days ago.

Many thanks for your patience, it is appreciated. I am now pleased to be able to provide further assistance with your query. First of all, I am sorry to hear about the issues brought up by this. It must be a frustrating situation to be going through.

I can self-employed that in your contract it is specifically stated that your holiday year runs from 1 October. It is therefore clear that you were officially informed of when your holiday year runs from/to. You may have incorrectly assumed that it ran from December but there is nothing to back that up, especially as your contract, which is the master legal reference, specifically says it runs from October.

Therefore, if you did not book your holidays in time before the end of the current holiday year, you may have indeed lost them and the employer cannot be held liable if you did not keep track of your holidays and ask to take them before the holiday year was up.

You can still try and see if the employer would be willing to allow you to carry them over but that is not a legal requirement and depends entirely on them.

Expert:  Ben Jones replied 4 days ago.

I fully appreciate that this may not be the answer you were hoping for, however it is the legal position. Should you need any further clarification, I will be more than happy to discuss things further with you. Thank you

Customer: replied 4 days ago.
Hi, sorry, where does it state in my contract that my holiday runs from 1st October???
Customer: replied 4 days ago.
Hi. Never mind… I just found it… I looked at that twice!! And never see that… that’s so annoying, I don’t know how I missed that… but okay cool. Never mind
Customer: replied 4 days ago.
Thanks for your help
Expert:  Ben Jones replied 4 days ago.

You are most welcome. If you have any further questions about this, please do not hesitate to get back to me and I will be happy to help. All the best.

Expert:  Ben Jones replied 4 days ago.

I trust that everything has now been dealt with to your satisfaction and your original question has been resolved. If you have any further queries about it, please do not hesitate to get back to me on here. In the meantime, I wish you all the best.