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AIBU?

AIBU to want to take my holidays when I was want?

20 replies

Sweetpea15 · 17/01/2017 23:58

My work have being pushing for us to use up our holidays by March and I have 7 left. I want to use 6.

Work have approved my holidays by signing the forms and I spoke to my manager to explain why I wanted them and she said they'd sort it... then put me on the rota. They're saying there's no one to cover me.

But this is my second denied holiday since November and I had at least three refused over the summer. I work retail.

I've sent my manager a message about it, she never replied.

What the heck are my options? I had plans- AIBU to be so annoyed right now. I've had a bit of a shit time here at the minute anyway and I'm looking for a new job but for a moment I'm stuck.

I'm normally a pushover but I don't want to be a walk over with this.

OP posts:

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Butterymuffin · 18/01/2017 00:03

I'm not an expert. But I'd go and see the manager face to face, say what you've said here about the previously denied holidays and now wanting this one, and ask if she can sort it. I take it you're not in a union?

Sweetpea15 · 18/01/2017 00:15

No we don't have a union :/

OP posts:

Coastalcommand · 18/01/2017 00:20

Could you join unite and talk to them? They cover lots of workplaces.

nocoolnamesleft · 18/01/2017 00:39

Many workplaces have rules about how many people can be off at once/times people can't be off. I always start by looking ahead at times when it would be difficult for me to get cover for my work, and times when other people are already off, then look to see which of the gaps there's a holiday I fancy. A couple of years back I did take a holiday that required swapping duties with someone else....2 hours before I had to catch the train to get to the airport, I was still waiting to see if my cover would turn up...

Ask them what the leave policy actually is.

caroldecker · 18/01/2017 00:52

Check how long in advance you need to book your holidays to get them agreed.
Most workplaces will not let you carry over holidays and, by law, you ahve to have 25 days (ot pt equivalent) each year.
Check with manager when you will be allowed to take those days.

TarragonChicken · 18/01/2017 01:13

I would either email or talk to your manager, whichever is easier (email allows you to set out your grievance and creates a paper trail). Point out the times that you have been declined leave. Ask for a copy of the leave policy if it's not readily accessible and ask how they ensure competing leave requests are handled fairly.

If they have repeatedly declined leave, it would be reasonable to expect them to allow you to carry some over, but there may be a limit to how much. Could you cc HR in?

TarragonChicken · 18/01/2017 01:17

Also, point out they had agreed it. If my leave had been agreed I would expect it to be honoured (barring an emergency, and I'd have a pretty stringent definition of emergency!).

Sweetpea15 · 18/01/2017 01:33

I booked these two weeks off a month in advance (the notice we're required to give) but the rotas only went up last week and this one (the 25th-31st went up last week and 1st-7th this week). After I'd already been told it had been sorted and was 'fine'.

It's not a busy period but we are short staffed. But we're always short staffed. That's the reason they've used every time. My last holiday was October and only because I insisted because I'd paid to go away for my birthday.

OP posts:

Sweetpea15 · 18/01/2017 01:35

Oh and I'm not allowed to carry leave over or be paid for any days I don't take. If it comes to March and I haven't taken them then they'll allocate me days off through March or I lose them.

OP posts:

melj1213 · 18/01/2017 02:21

Work have approved my holidays by signing the forms

Then surely that's the end of it? Can't you just tell them since it was authorised you've made plans and you can't change them. I'd definitely speak to someone in HR and/or your union rep if you have one.

I also work in retail in a supermarket and we have leave request forms and a holiday diary. Once the form is signed, the office keeps the main part with all the info and you get a reciept to say "Leave has been authorised for _ from to . Authorised by on _" and your name is put in the holiday book, so the rota-ing manager can see at a glance who is off at any given time.

If you get put onto the rota for that week (eg if the manager doing the rota hasn't checked the holiday diary or misread it) then you can just mention it to your department manager and they will fix it, as once leave is authorized they can't revoke it unless in extreme circumstances (eg half the staff is wiped out by norovirus) and even then you are not obliged to work those shifts if you don't want to.

Also, since you have to use up your holidays I would be pointing out that you have a limited time to take these holidays and what will happen if it gets to the cut off and you haven't used them? Where I work you can't roll holidays over after the cut off (our holiday year is April-April) and you can't cash them out, so if I couldn't take the hours between now and March I'd lose them, but if I was being prevented from taking them then I'd be speaking to the union about my rights, since I'm losing the holiday and the money through no fault of my own. I am only contracted to Thursday - Sunday (though I work regular over time the other days) and I find it hard enough finding time to take my holidays through the year as everyone wants the weekends off but when that is the only time I can request holidays for, I have to get them in early and hope nobody surprises me with a party on a Saturday night with less than 4 weeks notice!

mirokarikovo · 18/01/2017 04:51

You don't have the legal right to have your annual leave when you want it. There are many professions where 100% of your annual leave is scheduled for you and you just have to suck it up and schedule your non-work plans around it.

However they legally must allow you to take your annual leave entitlement. It would be unreasonable and exploitative and breaking employment law to simply not let you have the leave. It can be of a time of their choosing though.

rjay123 · 18/01/2017 06:58

I'm assuming the annual leave was approved. In which case the employer has to give you notice that your annual leave has been cancelled. This is equivalent to the same time that was booked.

So if you booked 10 days leave, they have to give you 10 working days notice by law.

You have a right to take the statutory minimum holiday. If their refusal to let you take holiday means you aren't taking the minimum holiday, then they are in breach of the working time regulations.

Find your company handbook. Normally it'll be pinned to a notice board in the staff room. Find details of your central HR function and let them know what it happening.

Ref: reg.15 of the Working Time Regulations 1998 (SI 1998/1833)

ChasedByBees · 18/01/2017 07:03

Great advice from rjay.

UnexpectedItemInShaggingArea · 18/01/2017 07:04

Rjay wins the thread.

HeCantBeSerious · 18/01/2017 07:08

by law, you ahve to have 25 days

It's actually 24, which can include bank holidays. (Until the Tories get their way, at least.)

pericat · 18/01/2017 07:16

It is actually 28 days (20 days + usually 8 days Bank Holidays).

HeCantBeSerious · 18/01/2017 07:23

Ah yes! Sorry - in work mode early. (We get 24 plus BHs.)

It's 28 which can include bank holidays. (Even when there are extra ones.)

Artandco · 18/01/2017 07:27

I would just say you booked it and it was approved, and now you have plans for those days so aren't available. Most people book holidays and travel as soon as holiday is confirmed, they don't wait until 10 days beforehand incase it's cancelled

Sweetpea15 · 18/01/2017 07:31

Thank you! Going to meet with my manager this morning and discuss it.

OP posts:

ememem84 · 18/01/2017 07:38

Agree. I'd just say you've had the days approved and you are unavailable to work.

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