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

[Acidburn]

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

Sorry but what do you expect when working for a very small employer?

I've worked for employers of all sizes.

I initially took my leave as the OP's boss makes her do. Every company I've worked for didn't like this and preferred me to have 5 days off in a row so I got in the habit of having my longer holidays at Christmas.

OP as your boss hasn't given you enough notice to cancel the holiday send him an email today telling him that with this link - www.acas.org.uk/coronavirus/using-holiday#:~:text=Employers%20can%20also%20cancel%20pre,holiday%20starts%20that%20it's%20cancelled - and go on holiday. If he rings you, or private numbers ring you then let your phone ring.

When you get back stand up to him and look for another job.

I could not carry on working somewhere which didn't allow me a proper break. I would burn out. If it's legal, I would personally find a new job.

Some employers insist on one 2 week holiday a year at least. It helps detect fraud

How?

@clickychicky

Some employers insist on one 2 week holiday a year at least. It helps detect fraud.

Most banks insist on this for that reason.

They can do it, my old company used to ban some people taking any leave between January and April as it was the busiest time.

I would be looking for another job though as PPs have said.

@VictoriousPlum

Some employers insist on one 2 week holiday a year at least. It helps detect fraud

How?

Basically it gives an opportunity for someone else to take over the work and see if there are any discrepancies etc.

www.actionfraud.police.uk/news/two-week-holidays-help-detect-fraud

Honestly his behaviour is totally unreasonable so on that basis I'd say all bets are off. He isnt looking after your interests and you owe him nothing.

You can self certify sick for 5 days and i would 100% be calling in sick on the holidays he just cancelled.
I'd also be taking a full 5 days later in the year as sick leave and go away on a nice break.

I would never normally endorse this but ultimately of he won't play fair neither should you. You should look after your own mental and phyiscal health.

Job hunting would also be top of my list as this man cannot / will not offer you a career.

Definitely seek another job, and when giving your notice say why. (Don’t be pulled back in by any promises that things will be different in future - they won’t.)

As others have noted, some employers, particularly in finance, mandate a longer break at least once a year. My old workplace, which was a bank, did this, as any fraud would be more difficult to conceal during a 2 week period of absence.

Your employer will just have to learn the hard way that this is not how you retain good employees.

”Sorry but what do you expect when working for a very small employer?”

Nonsense. I have been working with small employers, including tiny ones, for years and years, as have many consultants working with me, and not once have I come across this. It is very unusual, not the norm.

Is he going to recruit more staff?

Does he let the other staff off longer or what about himself does he have a week off?

The small company I work for does this. I think it's legal, they didn't let me know when I applied though. I've been at mine for two years however i wfh. If I didn't wfh I wouldn't cope.
And tbh if it wasn't for all the lockdowns I'd have gotten a new job by now because I'd actually have wanted to go on holiday rather than constant crappy long weekends.

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 and your co-workers need a meeting with him to tell him this is not acceptable. If the business is so busy that he needs to do this, then he needs to take on more employees.

Also, when you book 5 days together, tell him you're going abroad and won't be cancelling no matter how busy the business is.

What sort of business is it? It sounds like you might be well advised to get together with the other employees and set up your own business in the same line (depending on the terms of your contract). That will resolve your employer's problem with being too busy.

Stuff that for a game of soldiers. Find another job.

@RedMarauder

Sorry but what do you expect when working for a very small employer?

I've worked for employers of all sizes.

I initially took my leave as the OP's boss makes her do. Every company I've worked for didn't like this and preferred me to have 5 days off in a row so I got in the habit of having my longer holidays at Christmas.

OP as your boss hasn't given you enough notice to cancel the holiday send him an email today telling him that with this link - www.acas.org.uk/coronavirus/using-holiday#:~:text=Employers%20can%20also%20cancel%20pre,holiday%20starts%20that%20it's%20cancelled - and go on holiday. If he rings you, or private numbers ring you then let your phone ring.

When you get back stand up to him and look for another job.

If OP has been in the job less than two years, is there a risk of being let go?

How are your finances OP? If you have support and losing this job wouldn’t be a disaster for you, it would be a good time to do as RedMarauder says. I’d definitely be telling them I wasn’t going to cancel anything at such short notice.

However, I recognise that the UK is awful at the moment for workers’ rights and jobs can be difficult to find. If you can’t afford to take that risk, I’d be more wary. That said, if I had something booked and would lose the money, I’d be very angry indeed and I’m not sure, in that case, that I’d be able to stay silent in the face of something so utterly and obviously unreasonable.

@VictoriousPlum

Some employers insist on one 2 week holiday a year at least. It helps detect fraud

How?

Absolutely standard for many people in finance roles or financial services. Two weeks will mean somebody else needs to cover, e.g. complete bank reconciliations, if something has been covered up by the regular person, this should be long enough for routine duties to become due again and hence somebody else can spot an anomaly.

@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.

I believe that is illegal. He can cancel holiday break he needs to give more notice.

@flowery

”Sorry but what do you expect when working for a very small employer?”

Nonsense. I have been working with small employers, including tiny ones, for years and years, as have many consultants working with me, and not once have I come across this. It is very unusual, not the norm.

It can happen with small employers where a role has no overlap or cover for a role, more likely than in a large department or where there are job shares.

I had the audacity to "fall behind" on work when I was hospitalised after having a two day break in my first job. Somehow my manager couldn't work out how I couldn't complete any work when I was off for eight days in two weeks...

(even so far as saying that I was "nearly four weeks behind" on a task - except it was three weeks: the week where I was only in for two days whilst falling very sick, the week I was unwell, and the week when I came back!)

She tried to discipline me, but I resigned instead, pointing out that they'd need two people to replace me. I trained my replacement - someone who worked excruciatingly slowly. I checked their website six months after I left. The woman who replaced me was gone and there were two people in my role.

The flaws are more easily exposed in small businesses.

I note your username. Are you coping? If you aren’t, I definitely would self cert and during this time get signed off by the GP the following week. This sounds incredibly stressful.

It is absolutely shit and unreasonable, and the fact that it's legal just goes to show what poor employment rights we have in the UK. Amen to that!

Indeed what about being sick? It might be time to give your mental health a check OP and see if he fancies having you off work with stress for 3 months or so. And all because he couldn't allow you 5 days in a row. Silly man.

Totally unreasonable. If it’s so busy your boss should hire more staff.

What about if your family want you to go on holiday with them? What about your right to rest and switch off?

Look for a new job ASAP. Do not put up with this for years. Your boss sounds like an abusive control freak. Join a trade union.

Can you take the cancelled days as sick leave?

Could you tell your boss that if things go on like this you’ll end up going off with stress and you need a decent break. He clearly needs to hire more staff but is too tight

Does this apply to everyone who works there including him (if the set up is he's employed)?