Will I lose all my annual leave?

(13 Posts)
AnchorDownDeepBreath Sat 12-Mar-16 15:10:08

I work as a sort of outsourced consultant for a particular client. I've had my job for over a year, but during the last year, became the project lead.

My line manager told me not to take holiday because my client was, as they didn't feel this was acceptable and didn't want the client to rely on me being around. This has led to me having lots of annual leave left over. I booked time off in July, August, October, November... I kept being called back as my cover couldn't cope.

In December, HR contacted me to say that I had a large amount of leave remaining and would I be able to take some over Christmas. I took three days but that was all I could manage without leaving the project uncovered. I asked then if I could be paid for the remaining leave if I couldn't take it. I was told that this was unprecedented but HR could request it, but that my priority should be ensuring the situation doesn't continue this year. We've now arranged things a bit differently and I should be able to take leave easier, and the rule about not taking leave at the same time as my client has been removed as I have a new manager.

The leave year ends at the end of March. I have 22 days to take. I can roll over 5 with my manager's position. I couldn't take this month off - it'd put my project in jeopardy - but I wouldn't really want too, either.

I've emailed again asking what will happen and if I can be paid for my outstanding leave minus the days that I can roll over, but I've had no reply to the last 5 emails. HR is outsourced so I can't call a meeting and have to communicate via email.

Can I just lose those days? It feels like that would be very harsh considering it was their rules and staffing that stopped me being able to take it...

MovingOnUpMovingOnOut Sat 12-Mar-16 15:13:35

Are you an employee? If so you have to take the legal minimum of 5.6 weeks for Working Time Regulations. You cannot opt out (some exceptions for maternity and sick leave) and your employer is breaching health and safety legislation which could have implications for their liability insurance.

You need to bounce this back to your employer as their problem.

AnchorDownDeepBreath Sat 12-Mar-16 15:28:32

I am an employee. I've had no sick or maternity leave this year (although my project has been affected by plenty of both!)

Does that mean they're likely to make me take the rest of the month off or have they met their obligations if they agree to pay me?

I don't really mind not having taken the leave, but the extra pay would be useful and I'd rather not lose both the pay and the leave.

AnchorDownDeepBreath Sat 12-Mar-16 15:28:49

Oh and thank you for replying! I appreciate it.

MrsCampbellBlack Sat 12-Mar-16 15:36:28

Do you have an email from your line manager about not taking holiday? This is pretty awful in my opinion that you were prevented from taking your holiday - not healthy and surely not legal either.

I would be escalating big time.

flowery Sat 12-Mar-16 16:11:10

They can't pay you, you have to take it, (other than holiday over the statutory minimum which they could potentially pay you).

Put this on your manager. Say you have 22 days to take by the end of the month, and what is his/her proposal for when you will take it.

AnchorDownDeepBreath Sat 12-Mar-16 16:15:13

I sent them proof that my manager had asked me not to take leave whilst my client was away - they work in a strange industry and have a few working days off each month so I had planned to align my leave, but she told me to work on internal things on those days instead, which I've been doing.

They haven't questioned it, so maybe it's not unusual for her?

I'll email HR again and ask what they are planning to do. I need to be better at assertiveness!

MovingOnUpMovingOnOut Sat 12-Mar-16 16:19:21

Yup they absolute cannot just pay you for it. You have to take it (unless on another kind of leave as I mentioned earlier).

flowery Sat 12-Mar-16 16:19:33

Why ask HR what they're planning to do? Especially if they are an outsourced service centre. Ask your line manager what she's planning to do, surely?!

MovingOnUpMovingOnOut Sat 12-Mar-16 16:21:21

I'd ask your manager cc'ing HR what she is proposing to do as it's a statutory requirement and must be taken (the 5.6 weeks any way. You may well lose any extra). I'd also suggest taking some steps together to stop it happening again.

MovingOnUpMovingOnOut Sat 12-Mar-16 16:22:07

X-posted but same sentiment!

Whirlydervish Sat 12-Mar-16 16:25:05

I feel bloody sorry for you. It must have been a really tough year and with barely any time off I don't know how you've done it.
I hope they get this sorted properly for you. I'd have lost patience a long time ago.

SueTrinder Tue 15-Mar-16 19:11:43

Did you work Bank Holidays? Isn't that included in the 5.6 weeks?

In my job we can lose days leave unless the reason we haven't used them is because of business need. You need the email from your boss to show business need.

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