End of Maternity and Issues with Holiday

[Feb2018mumma]

I work in a call centre dealing with complaints, I have been off for a year on maternity and starting work again tomorrow. I have had 2 new managers while I've been off and when I left we had to log in to a work computer to book holiday.

Here's the issue... I called my new boss and asked for a day off as holiday and she said she would have to check the book to make sure no one else was off. It turns out since I left there has been a new system of a book on a desk and you have to write your holiday in that.

She said that I have 100 hours holiday to use by March but she doesn't think I will be able to get it all in. I am not too fussed about the one day I asked for so far, but surely it must be discrimination of some kind to not give me the holiday I am owed becuase I didn't know there was a book on her desk that I needed to write dates I wanted off in and now the books full?

They managed without me for a year so I am not an essential staff member they can't do without? What should I say? She's my new boss and sounds lovely on the phone but I just want to explain I want all holiday I am owed whether the book has someone off already or not!

If they had told me I needed to write in the book I would have driven down and done it but I had no idea and in the past we just booked holiday on a work computer easily so I never imagined I'd have a issue.

Sorry it was so long but I wanted to be as accurate as possible!

Can HR help with this?

Yep. Obvious case of maternity discrimination contrary to s18 of the Equality Act 2010.

I would recommend getting some free legal advice: www.lawworks.org.uk/legal-advice-individuals/find-legal-advice-clinic-near-you

What an ancient system they operate. Writing in a book for time off?

Anyway what about asking if your leave can be carried over in the next financial leave?

You’re entitled to your statutory or contractual leave by law. You’re also protected under pregnancy discrimination law. I can’t see how they’d have a leg to stand on in saying you can’t have your statutory leave because you were on maternity leave and unable to fill in a book.

But if you previously had to log on to a computer at work how is this any different? Or is it that they have tightened up restrictions on how many people can be off at once and didn't make you aware?

IME it's usual to have a bit of a conversation about how you expect to use accrued holiday before going on mat leave or as part of return to work meetings. I'd just make the points you did in your OP to your new manager/HR in the first instance. Getting legal advice at this point seems a bit premature (and I say that as a lawyer!).

If you haven't been able to take the holiday you have accrued by March, they have to let you carry it forward (ECJ caselaw).

If the problem is the book is full for that day, the day would have been fully booked when you booked on a computer as well. You didn't drive in and write it in the book because you didn't know the system, but neither did you drive in or log on to book it on the computer, nor phone your boss as you have now done to try to book it.

They either have to let you take the leave, let you carry any remaining leave not taken by the end of the leave year over or pay you for the remaining amount of leave.

I had it happen to me with my youngest. I went on mat leave 1st of April (start of leave year) and was still full time when on mat leave. I came back in November to the same company but changed roles and had 6 weeks mandatory training I wasn't allowed to take leave in. This was also still full time. In the January, I started my part time hours, but I was still shadowing/probation period so wasn't allowed leave for another 6 weeks. It got to mid February and I was then expected to take 150 hours of leave by April and I only worked 17.5 hours!! I was allowed to carry the whole amount over.

They deactivated my account so even if I drove to work I had no way to log in to a computer account to book holiday, I have had my KIT days and even after 10 of those they haven't activated my account yet so I can't see anything or do anything, I am just logging on the phone manually with no systems! I told my original boss I wanted a week in February off for son's first birthday and my anniversary and he said no problem and discuss when I went in, but obviously he is 2 bosses ago now! I honestly thought as well becuase I had been off wouldn't be a issue as they weren't accounting for me anyway? Like someone says, they would have had too many people off anyway if the book is full. I said to my husband I am stressed as well as the first day I asked for is my second shift (a long shift I'm worried about jumping into with BF baby), and if we are low staff I am worried I will be expected to be a actual staff member after a year off and no systems (we apparently have two new systems I need to get to grips with but can't as not been given anything back yet)... Sorry if this is really confusing!

So many employers trying unlawful crap like this on here lately! They can't penalise you for not being able to book holidays WHILST on maternity leave, all of that is dealt with by a central HR contact in most organisations... what would they do if you were in an accident, coma, other long-term unavailable? What they're proposing is unlawful and silly.

Aside from the good advice already given here OP, other sources of help:

Maternity Action's Maternity Rights Advice Line:
0808 802 0029

ACAS for free and totally impartial employment rights advice- The Acas helpline number is 0300 123 1100. It is available Monday to Friday 8am-6pm.

Are you part time? If full time you should have more than 100 hours holiday on return.

Legally they are not allowed to pay you in lieu of untaken holiday unless at the end of your employment by the way, some employers offer this but shouldn't. Speak to HR assuming they have one.

Can you carry some leave over, keep it in reserve?

I could take 100 hours 3 times before the end of march! Definitely enough hours in my shifts to take, will just write down and try to remember some of the things that you have all said! Other people tend to put my thoughts more succinctly into words than me! I blame my lack of sleep (if that's even the right word!) I need a nap already today!

Just been told can't have holiday at the weekend, my second shift back because I am only one in... So scared as no idea how to do the job now and will have no one with me!

Feb2018mumma you need to raise the holiday concerns with your manager/HR in writing and flag the training gap. Ask them how it can be addressed - propose something they can just approve easily if need be. But you have various legal protections here, I wouldn't go in all guns blazing to remind them of that, but there has to be a balance of fair care towards an employee who hasn't yet been fully trained in the latest systems and their legal duty over maternity discrimination - you'll be the best judge of how and when to remind them of it, but remind them you must.

I've just returned to work and used all my holiday before I returned, everyone does this where I work so it means you get more time off but you also start being paid again. My employer also recognises it would probably be impossible to use up your annual leave any other way returning from mat leave. I'm surprised you can't do this and I would put a complaint in