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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 77858
Experience:  Qualified Solicitor
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I would like to ask about untaken holiday I couldn't take

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Hi there
JA: Hi. How can I help?
Customer: I would like to ask about untaken holiday I couldn't take last year 12 days holiday. Am I entitled to be paid ?
JA: Where are you? It matters because laws vary by location.
Customer: Northampton
JA: What steps have you taken so far?
Customer: Tried to explain it to my employer but she keep saying that only 5 days going to be paid
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No
Hello, I’m Ben, a solicitor, and it’s my pleasure to assist you. I may ask for some preliminary information to help me determine the legal position.
Customer: replied 15 days ago.
Hello Ben
Customer: replied 15 days ago.
no problem
Customer: replied 15 days ago.
Is it free to call?
Customer: replied 15 days ago.
Oh I see it's not
Customer: replied 15 days ago.
I prefer to write

I understand you are wanting to know whether you are entitled to be paid for annual leave you were unable to take last year. Please tell me why you were not able to take them at the time?

Oh yes, phone calls are an additional service, which is entirely optional. I am still here to deal with your original query in writing over this chat.

Customer: replied 15 days ago.
Because my employer refused it

OK thank you. So just to clarify, you requested these days off but your employer declined and now they have rolled over to a new annual leave year - is this correct?

Customer: replied 15 days ago.
No , that's the problem they didn't roll over for this year. I was away for 2.5 weeks and they only pay £318,82

OK I understand and thank you for providing this information. 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. The system will notify you when this happens. Many thanks.

Customer: replied 15 days ago.
I have evidence of I was entitled for 12 days in 8 January . Wanted to take before April but my employer refused it so I took my holiday in 21at April so till April I should have at least 16 day paid holiday . I didn't take any holiday from last year June since I work for this company
Customer: replied 15 days ago.
Days*
Customer: replied 15 days ago.
Thank you Ben

OK I understand. Leave it with me and I will get back to you at the earliest opportunity. Many thanks

Customer: replied 15 days ago.
Thank you

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.

There is no automatic right to carry over holidays if you have been unable to take them in the holiday year in which they were accrued. 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 ends up having untaken days at the end of it. 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 still 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 to the next holiday year.

That does not mean that an employer can unreasonably refuse holiday requests over the whole holiday year and deliberately prevent someone from taking holidays at all. Employers should not exercise their right to reject holidays unfairly. If there are legitimate reasons for refusing holiday requests they may do so even if the employee ends up losing part or all of their annual holiday allowance, but if holiday requests are being rejected indiscriminately or deliberately, that would be unfair and the leave should be carried over, or they should get compensated for it instead.

At this stage it is best to consider raising a grievance about it. You can get a detailed explanation of the grievance process here:

https://www.acas.org.uk/grievance-procedure-step-by-step

In summary, an employee is expected to submit their concerns in writing and send them to their line manager, or whoever is nominated as the person to send grievances to under an official workplace grievance policy.

The complaint should include details of what the grievance is about, any evidence that may exist which is relevant and also what the employee wants their employer to do about this issue.

Once the grievance has been submitted, the employer is expected to arrange a formal grievance hearing, inviting the employee to attend and discuss the nature of their complaint. The meeting is also as an opportunity to ask for further clarification or information, as required.

Following the meeting, the employer will take time to consider all the issues and evidence and then make a decision, communicating it to the employee. If the outcome is not to the complainant’s satisfaction, they can appeal and get a second opinion from a different person assigned by the employer to consider the appeal. Once the appeal is also completed, that brings to an end the formal grievance process and there is no option to escalate it further internally.

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Customer: replied 15 days ago.
Thank you very much I understand clearly
Customer: replied 15 days ago.
Im going to ask my manager if I can use to untaken holidays in this year if not I'm going to take further z
Customer: replied 15 days ago.
But the problem is I could take my holiday this year they just won't pay the full holiday only just 5 days

Hello again and thank you for your further queries, which I will be more than happy to answer. if you get given these days as extra holidays this year then you will get paid for them still and the losses from when they did not pay you should be recovered

Customer: replied 15 days ago.
I don't know.
Actually They rolled my holiday to this year I just don't get pay for it
Just for only 5 days instead 16 days.
Customer: replied 15 days ago.
However it wasn't my fault I could not take my holiday last year. My manager refused it

You are not guaranteed to be given every holiday request you make. The employer has the legal right to reject holiday requests. If that happened, you should have made other requests on different dates to take holidays to ensure you do not lose it. Only if they were rejecting all requests can you argue that you should be allowed to carry them over and take them this year

Customer: replied 15 days ago.
That's how we agreed to take them to next year
But the did not mention I won't get pay for it
Customer: replied 15 days ago.
Sorry take this year*

if you are carrying holidays over then they should be treated as holidays any other time you take them which means getting paid for them

Customer: replied 15 days ago.
that's what I thought.
But the most annoying thing that she said to me that I can book 2.5 weeks holiday and her manager confirm that.And now she emailed me " Due to covid it was a company decision that employees could carry over 5 days this year, however this is not to be taken for granted that this will take place for further years."I don't understand why she didn't mention it before ?

I can’t say why they did not say that before, only the employer knows the answer. The priority for you is to ensure that they will allow you to take these holidays in the current holiday year and that you are aware of how to challenge them, such as through a grievance, if they are unwilling to do so.

Customer: replied 15 days ago.
Thank you very much , you are so helpful for me !!!! Still I contact you tomorrow if needed ?

Yes no problem

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.

Customer: replied 15 days ago.
I'm very satisfied with your help. Absolutely! At the moment my manager hasn't responded yet but still waiting. It doesn't seem like She wants to sort this problem at all. I won't hesitate. Thank you very much. Have a nice day

No worries and are you most welcome

Customer: replied 14 days ago.
Hi Ben,I have a question for you. I found this in a Carer handbook my manager just send it to me.
"All holidays must be booked as per the
holiday policy and procedures. Please be
reminded that no holidays can be carried
from one holiday year to another, any holidays
accrued and untaken will be lost at the end
of the year. Please ensure that you plan and
book your holidays in good time to avoid this
from happening"In that case, what should I do? Because I have an email evidence that my manager said that, her manager said to her I can go for 3 weeks holiday . That was after my manager refused my holiday booking before April so I only could book After April.

The issue is that there is no specific right or wrong answer. If you left taking your holidays until the end of the year and they were rejected because the employer could not cover you, then you could lose them. Remember that there is a legal right for the employer to do this. SO it would partially be your fault for leaving it until the last minute to take them and you are taking the risk that you may lose them.

On the other hand, if you had tried to take holidays throughout the year and they have been consistently rejected, not allowing you to take them before the end of the year, that is when you have the right to request that they are carried over and you can take them in the next holiday year

Customer: replied 14 days ago.
Unfortunately I didn't try to book any holiday because of Covid . Hhhhhhhhh :(

When you say because of Covid, why specifically, because there were lockdowns, travel restrictions, etc?

Customer: replied 14 days ago.
I work for this company as a Hourly carer since last year June and that period Was lockdown and yes travel restrictions . No point to go home to Hungary . Because that period of time I supposed to be in quarantine for 2 weeks.

ok so if the reason you could not take holidays was because of Covid, there is a temporary law which allows you to carry over unused holidays for up to 2 years but this must have been pre-agreed with the employer

Customer: replied 14 days ago.
I didn't know that .
Customer: replied 14 days ago.
Thank you

You are most welcome and all the best.

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