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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

Furlough holiday

429 replies

MrsQGinglass · 18/09/2020 11:47

I am furloughed still and work for a large international company. There are only a few off us still furloughed 2 in my office only.

I received an informing me that all holiday from last year that was carried over would have to be used in the October. I know the reason why it is cheaper for them to get part of the government to pay it.
My issue is that those that have not been furloughed are allowed to carry over their holiday for the next 2 years.
I really do not think this is fair as they are treating us differently.
I have contacted HR for clarification but they have not answered my emails.
Is this lawful.
AIBUto think that they are treating us unfairly.

OP posts:
Original poster
MrsQGinglass · 20/09/2020 10:27

@xxscotslassxx

OP you have continually harped on about being treated equal, equality for all staff etc etc however 10% of the workforce (including you) are currently furloughed!! Which you will have been informed off in writing and have had to sign in acceptance..... and if it’s anything like my OH had (who was furloughed throughout) there is a standard clause within this which stated he may have to use some or all of his annual leave entitlement during this time. Like it or not, at this moment in time, you are most probably employed under different terms than your colleagues who are in the office or WFH. Before creating a shit storm with your employers re annual leave have a good read through the letter of acceptance you signed on entering furlough. I may be wrong but have a feeling it will probably have been much the same letter for all, and if it is, good luck challenging this 6 months after signing!
Did not sign anything. Also there was no clause about holiday. My current contract says I am allowed to carry 5 days over per year.
OP posts:
Original poster
MrsQGinglass · 20/09/2020 10:29

@lakeswimmer

I've been on furlough since April. A colleague of mine (who does the same job on the same pay) has worked right the way through. I'm very uncomfortable about it and am grateful for the time off I've had. I have no idea what's going to happen to my holiday but I think to insist that I need annual leave after being off work for six months would make me a twat.
Well you earned holiday for the whole time you are furloughed as has everyone that is furloughed.
OP posts:
emilyfrost · 20/09/2020 10:29

My current contract says I am allowed to carry 5 days over per year.

You may be allowed to, but your employers also have the legal right to dictate when you take your holiday, and that trumps what courtesies they may offer you in letting you decide.

hoppingleg · 20/09/2020 10:32

Redundancies are unfortunately going to be a large part of life in the near future once furlough ends. The reality is this is a golden opportunity for employers to get rid of the dead wood, the whingers and moaners. In normal times, that's very hard to do.
Op think about that, as unfortunately it's about to kick off!

Florencex · 20/09/2020 10:43

My current contract says I am allowed to carry 5 days over

Is irrelevant for a couple of reasons.

Firstly because the law states that your employer can tell you when to take your leave and they have.

Secondly, you won’t be working there for much longer. It doesn’t seem surprising that you are one of the only two people still on furlough considering this thread.

NoSquirrels · 20/09/2020 10:45

You’re allowed to carry it over if your company agrees - just like you’re allowed to take it when you choose if your company agrees.

It’s all at their discretion. They can’t pre bet you from taking holiday you’ve accrued, but they can insist you use it up if the business requires it.

Just get over it. Seriously.

Why do you want to carry it over to next year? You’ll still have your full year’s allowance to use up. You haven’t lost anything.

xxscotslassxx · 20/09/2020 11:03

Did not sign anything.

I do not believe this for one minute.

To comply with employment law your employer will have had to formally inform you that you were being furloughed and all this entails which constitutes a change to your employment contract. Regardless of whether you signed or not - which I do not believe - after 6 months not working AND accepting over £10k in furlough payments you now have issue - give your head a wobble OP people have lost jobs, their health and family members - you are complaining about days off...of which you have had 6 months paid at no cost to you already!! Good luck after 31 October...looks to me like company are tying up loose ends before the furlough scheme ends.

xxscotslassxx · 20/09/2020 11:09

My current contract says I am allowed to carry 5 days over per year

Regarding this - has it not crossed your mind that you will not be there next year to carry any days over??

Todaythiscouldbe · 20/09/2020 11:17

Did not sign anything. Also there was no clause about holiday.
My current contract says I am allowed to carry 5 days over per year.

How do you know there was no clause if you didn't sign anything?

You are being asked to use holiday carried over from last year in October. Why exactly is this unreasonable?

dramaqueen · 20/09/2020 11:22

You sound like a nightmare employee. I’d put you at the front for redundancy if it were allowed. Luckily for you it isn’t.

JudgeJudee · 20/09/2020 11:22

In employment law you have to treat all employees the same!

In my twenty years of working in HR and employment law, I’ve never seen this law.
Can you please point me towards that statute because I’m adjudicating at an employment tribunal tomorrow and this has basically changed my entire approach.

Florencex · 20/09/2020 11:26

@dramaqueen

I am sure it can be engineered. Wink

Ginorwine30 · 20/09/2020 11:47

I think it’s perfectly fair, you’ve literally been on paid leave for months, why should they let you carry over leave as well? Hmm
I’ve worked the whole way through and I think it’s fair enough that those people should be allowed to carry over their leave.

xxscotslassxx · 20/09/2020 11:48

How do you know there was no clause if you didn't sign anything

Exactly. To be placed on the furlough scheme you either had to accept or decline. You clearly accepted as have been receiving payments for 6 months! You mentioned previously in the thread something about preferring redundancy - you did have the option to decline furlough and all it entails but chose not to.

I worked full time throughout lockdown, no ability to take any annual leave, extremely stressful given the situation - my first leave this year is 19 October for 5 days! (Am counting down the days!!) My OH was furloughed throughout and some of his leave was used during this time. I will be carrying annual leave over to next year and am very very grateful for the opportunity to do so. Had I been able to take annual leave during this time I would have gladly done so and I certainly wouldn’t be bleating about being hard done by if other colleagues carried leave over because they couldn’t take any time off as they were required to WORK. Unreal.... find it hard to believe that someone would be so self absorbed in times like this!!

midnightstar66 · 20/09/2020 11:50

You are being treated differently because your situation is different to the non furloughed colleagues. Obviously I don't know why you were one of the 10% it was deemed necessary to furlough but I think I can guess ... yes this is fair and legal in the grand scheme even if it doesn't seem so to you. You've had pages and pages of people in all different situations all in agreement to this but yet you are still arguing!

dramaqueen · 20/09/2020 11:52

[quote Florencex]@dramaqueen

I am sure it can be engineered. Wink[/quote]
Hell yeah!

Puzzledandpissedoff · 20/09/2020 11:54

I bet you'd also back the longer maternity leave campaign

Another one here who thought the same

Come to think of it, what's happening with that petition? Are those pushing it still desperate for redundancy or has sense prevailed yet?

Dontfuckingsaycheese · 20/09/2020 12:01

"my holiday which I had cancelled by my company."

Sorry @MrsQGinglass can I just ask for clarification. Are you saying the company cancelled the AL you had booked over the furlough period?

Potterpotterpotter · 20/09/2020 12:08

Stop whinging. You just had 6 months paid to sit on your ass all day.

xxscotslassxx · 20/09/2020 12:27

MrsQGinglass

I have read through your previous post from July ‘this year’ re husband/partners holiday/hobby - HmmHmm I’m out Smile

Original poster
MrsQGinglass · 20/09/2020 13:23

@Dontfuckingsaycheese

"my holiday which I had cancelled by my company."

Sorry @MrsQGinglass can I just ask for clarification. Are you saying the company cancelled the AL you had booked over the furlough period?

Yes they cancelled all the holiday, that I had booked.
OP posts:
Original poster
MrsQGinglass · 20/09/2020 13:24

@xxscotslassxx

MrsQGinglass

I have read through your previous post from July ‘this year’ re husband/partners holiday/hobby - HmmHmm I’m out Smile

Yep my husband is a soon to be ex husband.
OP posts:
Original poster
MrsQGinglass · 20/09/2020 13:25

@Potterpotterpotter

Stop whinging. You just had 6 months paid to sit on your ass all day.
I did not ask to sit on my arse for 6 months.
OP posts:
NoSquirrels · 20/09/2020 13:27

Why do you want to carry over your holiday entitlement, OP?

Tistheseason17 · 20/09/2020 13:32

Doesn't everyone know that OP has rights you know? So VERY entitled. Hmm
OP - You are not going to win people over and the more you post the less sympathy you are garnering - if there was much there are first!
Speak to you HR dept, not Mumsnet - we can't change your employer policies!