annual leave

(17 Posts)
Chamonix1 Mon 09-May-16 15:11:59

I started a new job on the 1/2/16, a couple of months ago I asked for 1 day off, it was granted but my boss informed me she was going to check how much holiday I'm entitled too as there year runs sept-sept being a specialist school. Any who, I said that's fine and didn't think much of it until today.
I received another email from said boss who informed me I have 95 hours of holiday left to take. This must be taken by the end of August..
I've checked the annual leave for the year and there is somebody off also every single day until the end of August, we aren't usually granted holiday when someone is already off, so when an earth can I take it?
Apparently you can only carry 3 days over, they won't pay anymore than that either so if holiday isn't taken you simply lose it.
Ive filled out several holiday forms today to hand in when I'm at work tomorrow, so they can't say there was a delay on my side but I've had to ask for holiday where people are already off. There's no other option.
Where do I stand if they just keep on declining holiday? I only have 3 months to take it and sometimes it can take a month to hear back from management to see if your holiday request has been granted.
Any help/advise would be really appreciated!

TeradelFuego Mon 09-May-16 15:33:38

95 hours - are you sure they didn't say 96? Because that would be 4 days.

So you will have worked 7 months from 1 Feb to the end of August and with those 4 days added to the one you have already taken that means they are saying you area only entitled to 5 days holiday in that time? That doesn't sound right to me. Unless there are times when the school is closed (I don't mean weekends or bank holidays) but you still get paid (so that is counted as holiday). Actually, isn't it very unusual for a school to be open year-round?

I don't really know the legal position, but if there is no union I'd suggest you contact ACAS/look on their website.

TeradelFuego Mon 09-May-16 15:34:25

you are, not area. When will Mumsnet get an edit function?

Chamonix1 Mon 09-May-16 15:39:57

Sorry- when they say 95 hours they mean literally 95 hours. Ie; we work shifts 07:00-14:00 and 13:30- 22:00 (our school is live in and we work a rolling rota).
So, I ask for 07:00-14:00 which would be 7 hours off (1day). I think 95 hours basically works out as just over 13 days off work.

Chamonix1 Mon 09-May-16 15:41:39

We are open all year round, yes. As some pupils live in. Sorry a bit of an odd one!

TeradelFuego Mon 09-May-16 15:47:42

Oh sorry I got the wrong end of the stick. So they are not shortchanging you on the number of days, just making it impossible for you to take them!

Have you asked your colleagues what usually happens? I'd still suggest the union, or ACAS.

Chamonix1 Mon 09-May-16 15:52:01

No, they've given me plenty of holiday and no time to take it.
Colleagues told me unless I use it I just lost it but I can't see where I can use it where they'd grant it due to at least 1 member of staff being off every bloody day until ft art of September hmm and apparently you can't take time off when someone's already off and can't carry more than 3 days over, or be paid more than 3 days.
Kind of got my hands tied

sweetheart Mon 09-May-16 15:56:05

I think if the terms of your holiday were quite clear in your contract when you started back in Feb then the onus was on you to book holiday sooner to ensure you got the dates you wanted. You could speak with HR and ask if they can bend the rules on this occasion given the circumstances but they'd be under no obligation to do so.

Chamonix1 Mon 09-May-16 16:02:56

Perhaps, but I was not aware of how much holiday I was even entitled to being in my probationary period and my manager informed me she wasn't sure I was entitled to the 1 day off I'd asked for but told me she had granted it anyway and told me she would let me know when she knew how much holiday I had to take.
I didn't want to take loads of holiday having just started, didn't want to take a load of holiday and have to pay it back should they choosw not to keep me after my probationary period (unlikely unless they don't need the staff then I'll be the first to go!)
I also knew the rotas ran from sept-sept but didn't know I had to take my holiday by Sept.

Sweetpotatoaddict Mon 09-May-16 16:07:41

I was in a similar position in a previous job, and was told that there could only be X number of people on annual leave each week, and all weeks had the maximum number. I requested my leave following the usual protocol and it was declined, I then emailed back asking them to clarify when I could take it, it was swiftly granted. There simply wasn't enough weeks in the year for the number of people off on annual leave. IFYSWIM. I think technically they need to provide you with a good reason in writing for declining your annual leave, good luck and use email and then there is a paper trail. Hope this helps.

TeradelFuego Mon 09-May-16 17:07:21

Surely they had a duty to inform you? I can understand you not wanting to rock the boat by booking holidays when you were a new starter, and in a way they have taken advantage of this. Not at all fair. I would follow Sweetpotato's suggestion.

Stillunexpected Mon 09-May-16 17:28:12

The onus was on your to find out how much holiday you were entitled to. Being in a probationary period has nothing to do with it. The employee hand book must have had details, otherwise your offer letter or contract should have specified. It probably wouldn't have said specifically how many days you had for this holiday year but should at least have said something like - your holiday entitlement is X days/hours per year (pro-rata) and the holiday year runs from A to B. If you asked for a day off a few months ago, why have you left it with the manager to come back to you? I would have been asking every week if she had ascertained the position.

Chamonix1 Mon 09-May-16 17:43:48

I would have found out, if my manager hadn't already told me she was sorting it. Yes, I'm hinds sight I wish I had asked her everyday until she got back to me and yes I wish I'd have found out myself but I really didn't think I'd be left in this position of not being able to take holiday when 1 other member of staff was off.
I've never had a job where I urgently needed to take holiday within the first 4 months of being there. I thought you just had a year since you started. Nobody told me that we weren't allowed time off when others were off until today, and this isn't in the contract.
I still don't think it means I shouldn't get the holiday I'm entitled to, my manager took 4 weeks to grant 1 days holiday, I've since found out its a legal obligation to let your employee know within double the time they've asked for off if they can take the holiday ie; I ask for 5 days holiday they let me know within a 10.

Chamonix1 Mon 09-May-16 17:45:52

FWIW the staff had already booked off everyday when I joined. There was a board on the wall that had stickers and initials on it on my first day, and it was rammed full, I'd have had exactly the same issue if I'd asked for this holiday the first week I'd started. And I've given well over the legal amount of notice for my holiday requests.

flowery Tue 10-May-16 08:35:08

I can't see anything indicating that they are going to refuse to allow you to take your entitlement. Doesn't sound like you've even discussed the issued with your manager yet, only put some holiday requests in and spoken to colleagues who have told you what the usual rule is.

Meet with manager.

Hello manager. I understand I have 95 hours holiday to take. I know the normal rule is that I can't be off at the same time as someone else but looking at the calendar this rule obviously isn't going to work in my case. I am very flexible about when I take it, can you advise me which days you would like me to take off please.

Penfold007 Tue 10-May-16 09:31:16

Just organise a meeting with your line manager and ask them when you can book your leave.

Choughed Tue 10-May-16 10:00:32

You just need to sit down with your manager and ask them what they suggest you do. They are required to enable you to take the legal minimum holiday.

Did you replace someone? Did they have holiday booked? Can you take their holiday slots? Or are you an additional member of staff? If so can they change their rules?

Can you work out (1) the number of staff (2) the number of holiday and (3) the number of working days in the year to show it's not mathematically possible to stick to the system of one person off at any one time?

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