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Original poster

Employer doesn't let me take annual leave for more than 2 days in a row

180 replies

Acidburn · 07/08/2021 09:54

Posting here for traffic.
I work for a very small company, there are 2 other employees and director. We sre crazy busy, the business is doing great. The problem is - my boss (the director) doesn't allow me to take annual leave for more than 2 consecutive days. He is not oppose the idea of me going on annual leave (that would be against the law), but his idea is that I should be taking long weekends, take odd days here and there and this way to cover my annual leave allowance. He doesnt let me take 5 days off because the workload is crazy.
Is what he is doing legal? Technically he allows me to take my days, its just my days are spread... Does anyone know anything about the legal side of this?
Thanks

OP posts:
Happycamper78 · 07/08/2021 10:18

Cancelling leave is a different matter. An employer has to give you at least the same notice as the length of leave. So a week's notice for a week's leave. He can't expect employees to never want a holiday. He may act like that but it's his business. He won't keep anyone. Can he not take on a temp for a few weeks?

Catcatcat1 · 07/08/2021 10:19

They can dictate your annual leave. But cancelling that late is definitely not allowed and I would contact ACAS. They have to give you twice the notice so 5 days off means 10 days notice.

WeAreTheHeroes · 07/08/2021 10:19

I'd be telling him I'd booked accommodation etc and wasn't prepared to cut the holiday short at such short notice. If it's so busy he's not going to want to try to replace you.

findingabra · 07/08/2021 10:20

@Catcatcat1

They can dictate your annual leave. But cancelling that late is definitely not allowed and I would contact ACAS. They have to give you twice the notice so 5 days off means 10 days notice.
No, they don’t. This is a common myth.

They need to give the same amount of notice as the leave period. So if it’s five days off, five days notice.

AllThatFancyPaintsAsFair · 07/08/2021 10:21

@Catcatcat1

They can dictate your annual leave. But cancelling that late is definitely not allowed and I would contact ACAS. They have to give you twice the notice so 5 days off means 10 days notice.
No, that's nor right, it's the same amount of time not twice as much.
lannistunut · 07/08/2021 10:21

@Acidburn

I have been working here for over year and a half. And i haven't been on a holiday lastingnlonger than 2 days... I am looking for another job. But right now I feel completely defeated, because I allowed me to take next week off, but 30 min before I had to leave work yesterday - he called me in to say he is cancelling 2 days next week, and I have to come to work. He will review the situation in October.
You just need to accept this is how it is and find a new job. When you leave, tell him it is because you could not get a week off.

If you think he will be a prat about the reference, get an agency job or something - anything to escape!

Rhayader · 07/08/2021 10:24

When we had a nanny, her contract (which was a standard one from our accountant) specified that she could choose when half of her days where and we could choose the other half. I wonder if this is the legal minimum?

findingabra · 07/08/2021 10:26

@Rhayader

When we had a nanny, her contract (which was a standard one from our accountant) specified that she could choose when half of her days where and we could choose the other half. I wonder if this is the legal minimum?
It isn’t. Employees cannot dictate their own annual leave.

The majority of employers will try and give their employees a choice of their annual leave (sometimes barring out busy business periods like summer, Christmas etc.) but they don’t actually have to.

jillandhersprite · 07/08/2021 10:26

How crap for you... I'd be interested if anyone else I using himself have had proper holidays... My last job you had 23 days and it was stipulated that a minimum of 5 had to be taken consecutively so that everyone had a 'proper break' of 1 week each year.
Agree with others keep job hunting. And if feeling belligerent advise him that he didn't give the appropriate notice so you will take your leave as originally planned. If you are as essential as he is making out I don't think he will sack you because he needs you. He will probably start looking for a backup and your job hunt needs to speed up...

AllThatFancyPaintsAsFair · 07/08/2021 10:27

@Rhayader

When we had a nanny, her contract (which was a standard one from our accountant) specified that she could choose when half of her days where and we could choose the other half. I wonder if this is the legal minimum?
There's no legal minimum, maybe that's just normal for nannies
Catcatcat1 · 07/08/2021 10:27

Still, cancelling on a Friday for the following week is still definitely not okay.

essentialhealing · 07/08/2021 10:28

I'm curious to know whether this (max two days) was mentioned before the job offer etc. I'm betting it wasn't

I had a job about ten years ago where they failed to mention that all holiday was taken during the factory shutdown

Another employee told me

I left after three months

Pottedpalm · 07/08/2021 10:29

So you can never go on holiday for a week?? Stuff that!
Look around and find yourself another job, making sure you specifically research their holiday policy and get it in writing. Then give the minimum notice to your inconsiderate employer.

VaguelyInteresting · 07/08/2021 10:31

What about Christmas? Do you do a Christmas close down? Becauseo of thesector I work in, most jobs Ive worked, we get a long stretch (too long) mandated leave at Christmas (sometimes 3 weeks, which might be 10 non-Bank Holiday annual leave days)

Not that it makes it better, just curious.

thinkingaboutitall · 07/08/2021 10:33

Sorry but what do you expect when working for a very small employer? It’s one of the downsides of only having 2 colleagues and a boss - others can’t really carry out your work in your absence during exceptionally busy times like this. His reasoning is sound and the law allows for this - employers can dictate when you take leave and you taking eg full two weeks off may impact the business.

As for cancelling your leave short notice, I agree with others to get tailored advice from acas, and perhaps spend some of your leave applying for new jobs elsewhere? This is the culture at your workplace I’m afraid, and it won’t ever get better. I work with 100s of colleagues within the same office, so taking leave wouldn’t cause issues for the business like this.

Brefugee · 07/08/2021 10:33

Move to Germany. You employees have the right, in law, to take 2 consecutive weeks off work at least once a year. Many take 3 for their long holiday.

Sorry, there is no answer to arsehole employers. He is building a business and it is entirely reasonable that he works 24/7 because he gets the long-term benefit. Employees need time to recharge. That is why paid holidays are a thing.

Look up studies showing how beneficial complete weeks (or two) are a net benefit to the company. And look for a new job with a proper reasonable employer

icedcoffees · 07/08/2021 10:34

It's legal but it's utterly shit.

Would he allow you to do, say, Thursday and Friday one week, Monday and Tuesday the next so you have six days off in a row, but you're only taking 2 days/week annual leave?

Personally I would be looking for a new job. My previous two employers (I'm now self-employed) insisted on holiday being split evenly across the year and you generally had to take a minimum of 3 separate weeks off, so you always had a decent break 3x a year.

lannistunut · 07/08/2021 10:35

@thinkingaboutitall

Sorry but what do you expect when working for a very small employer? It’s one of the downsides of only having 2 colleagues and a boss - others can’t really carry out your work in your absence during exceptionally busy times like this. His reasoning is sound and the law allows for this - employers can dictate when you take leave and you taking eg full two weeks off may impact the business.

As for cancelling your leave short notice, I agree with others to get tailored advice from acas, and perhaps spend some of your leave applying for new jobs elsewhere? This is the culture at your workplace I’m afraid, and it won’t ever get better. I work with 100s of colleagues within the same office, so taking leave wouldn’t cause issues for the business like this.

No, this has nothing to do with the sizeo of the business.

My father has a business of this size, he would never have treated staff this way.

Good business people treat their staff well because that way you get better staff who stay for longer.

thinkingaboutitall · 07/08/2021 10:36

My last job you had 23 days and it was stipulated that a minimum of 5 had to be taken consecutively so that everyone had a 'proper break' of 1 week each year.

Every employer I have had did not stipulate this, but it was preferred. It’s easier for the business for you to take a large chunk of leave vs frequently taking a day off

thinkingaboutitall · 07/08/2021 10:37

@lannistunut I agree with you, it’s just he is legally covered with what he’s doing (aside from the short notice cancellation). Your dad went above and beyond for his employees, OP’s boss is doing the bare legal minimum

drspouse · 07/08/2021 10:39

My employer has two shutdowns a year, and I must take those as leave, and during a few busy periods it's a day per week (but I think I could take Friday and Monday), then the rest is at will.
I'd be out of there ASAP.
If the leave next week is Monday/Tuesday I'd email him the regulations and take it anyway.

AWiseWomanOnceSaidFuckThisShit · 07/08/2021 10:39

Did he once have a business partner called Jacob Marley?! What a controlling miserable piece of shit. Leave!!

BiscuitDrama · 07/08/2021 10:40

It’s easier for the business for you to take a large chunk of leave vs frequently taking a day off

That depends on the business.

My work would encourage me to take good breaks because it’s good for me, even though it’s actually less convenient for them. And m, being a cynic, because then I stay with them and work in a more enthusiastic manner.

Sewaccidentprone · 07/08/2021 10:41

Is the business is so crazy busy why aren’t looking for a new member of staff?

But not being ‘allowed’ to have a full weeks leave at a time is just a crazy way to run a business and really not great for your health.

So if you were to have 2 days off a week for 2 weeks, plus 1 day, how is that any different to having a full week off in the same time period?

What if one of you is sick?

Mummasdiary2021 · 07/08/2021 10:42

Legally the days off are to be worked around the business needs. So he is within the law although its shitty. Hope you get a break xxx