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

I work in HR....

As others have said, the only stipulation with holiday really is the amount of time employers must give as annual leave (min of 28 days Inc public holidays), but they can specify how or when this leave is taken, e.g Christmas closedowns or in retail where its very common to prevent holiday being booked in December.

Employer needs to give twice as much notice to enforce a holiday as the length of the holiday, e.g 2 weeks notice to enforce a holiday of 1 week. As others have said its equal notice to cancel.

HOWEVER! They cannot stop you from taking your holiday entirely and I would imagine this requirement would significant impact on your ability to actually take that holiday. If you get statutory holiday and don't take it all, your loss, but if its statutory and they are preventing you from taking your full entitlement, this may be illegal and could end in a tribunal claim www.gov.uk/holiday-entitlement-rights/booking-time-off-

It's often a recommended control in many businesses. Can help to prevent/detect fraud. Depends on your role.

Decline his cancelling - as no doubt you have other plans and possibly even booked things and will be out of pocket.

Upon your return, speak privately and say that you need to book another week off, for personal reasons. You have no obligation to divulge what. Highlight that you will be booking things so won’t be out of pocket.

Dont take his calls during holidays.

Be firm, you have holiday entitlement, you are entitled to it off. As long as appropriate notice is provided, usually a month for a week off, they shouldn’t be messing you around in anything but emergency circumstances. Emergency is not too much work, emergency is X has gone ill, and then it should only be a request, it can’t be an instruction to return.

This is what the law says about employers restricting employee’s leave

“Some restrictions are not unreasonable, but they should not be operated in a way that discriminates unfairly or that makes it too difficult for workers to take their holiday. The law expects employers to make the rules as clear as possible, to have a clear justification for them, and to operate them consistently and fairly.

The legal right to take holiday is based on the need to protect workers' health, safety and welfare. It is unlawful for employers to make it too difficult for workers to take their holiday. In addition, the law requires employers to actively encourage workers to take their holiday.’

In addition, your employer actually IS breaking the law cancelling your leave at such short notice. Legally an employer CAN cancel annual leave but they have to give the employee as much notice as the amount of leave booked, plus one day. So for example two days notice to cancel one day’s leave and 6 days notice if you have booked a full 5 days, etc. An employer can also insist that you take leave, but there must be work related justification for this, and the same rules apply as to the amount of notice required. If, because of employer imposed restrictions, an employee is unable to take the full entitlement of annual leave stated in the contract, then the employee must be paid for the lost entitlement.

If you have less than two years continuous service, your right to an unfair dismissal hearing is limited. However some things are classed as legally ‘automatic’ unfair dismissal - including ‘constructive dismissal’ and you can apply for a tribunal hearing if this applied. Matters regarding pay and working hours, including the Working Time Regulations, annual leave and the National Minimum Wage are all covered.

Good luck with job hunting, but just to say you may want to look for another industries for similar jobs (as you say fashion industry is not doing well) because that policy does sound very crazy.

@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.

What a shitty post. "only having 2 colleagues and a boss - others can’t really carry out your work in your absence during exceptionally busy times like this" If there is absolutely no slack then the business isn't run properly is it? What happens if someone is ill? Lots of people work for small organisations and don't have this shitty rule.

Sounds like a selfish tight prick... You're in an awful situation as are your colleagues.

If the business is doing so well, why is he not taking on another staff member to allow current staff to take proper annual leave.

Family life is as important as your work life. There needs to be a balance and these terms are not allowing you to have this.

Good luck in finding a new role.

How are you supposed to go away anywhere?

I'd contact ACAS. I am sure they can't stop you from having a week off at a time.

Even if you don't tell boss the you have contacted ACAS, at least you will know your rights and be fully prepared.

OP - that sounds shit!

@MyrtlethePurpleTurtle

OP - that sounds shit!

sure does, there will countless horrible bosses pulling this kind of shit I bet..

Sounds like a bloody awful place to work.

You should be able to have a proper break for your mental and physical health and wellbeing, especially if you're busy all the time.

He doesn't care about you at all. Just wants you at his beck and call.

Time to find another job where you are actually treated like a valued member of the team.

I wouldn't usually suggest this but I think it's time to get pinged on the NHS app! Or report a positive lateral flow test for a close relative meaning you have to isolate. Can't come in then because you're not allowed. Bloody cheek of the man.

It is legal but a huge red flag. I’d look for another job

notice is the important thing here it is borderline that notice is adequate 5 working days plus one means notice should technically have been on thursday not Friday
technically taking every second friday off is using all your annual leave but it doesn't make for good mental health
if the employer has a buisness that runs on a certain annual schedule they can set this in stone maybe they shut from 22nd december to 2nd january and the first two weeks of August which leaves you about 8 days free choice with the caveat you can't take holidays in April or on the companies special sale days which are last friday of the month, this might not suit you but it would be up front everyone would know and it does give all the employees their legal time off and a decent break
the OP's set up is distressing as it is always changing last minute and very stressful meaning no one can plan anything
some rules are sensible where my sister works no one can book more than 3 weeks of annual leave in school holidays until everyone has had a good chance to book; if there is still time left unbooked in school holidays you can then book it everyone has to work alternate Christmases no one can book more than 4 consecutive days over Christmas and it depends on staffing, you must use at least 60% of your leave before end of august,
Realitically not every business can give all employees completely free choice sometimes it can only be one off at a time; sometimes it is no one off during busy periods sometimes it is you have to take annual leave in quiet periods if your work in tourism this might mean no leave in the summer and taking leave in November to February, sometimes if a factory set up or construction it really needs to just shut for 2+ weeks at a time

but whatever the situation no one should needless be messing folks around and OP's employer is definitely doing so

Good luck in finding a new job, as soon as possible.

I shall tell you what I told a boss when he tried to dictate my holidays, I said I am going away at this time, you can tell me my holidays are cancelled or you can try and dictate what I do but the I am still going away and getting on the plane no matter what you do.

He mumbled something about you may not have a job to get back too (very much less forthright than he had been proclaiming that I couldn’t have the leave) and I left the office

9 days later I went back to work he told me some cock and bull story about interviewing for my post, I didn’t bite and a couple of months later I resigned on which the whole month of my notice he asking me to reconsider and even on the last day offered me more money, to which I said it’s got nothing to do with money I just can’t stand the pettiness here

How extraordinarily rude! It is not your job, as an employee, to ensure that staffing levels are adequate. I'd tell the boss that he either resolves the situation or you're walking... he may decide he values you enough to work it out. If he doesn't then you know where you stand and can move on to somewhere that will appreciate you.

@pam290358

This is what the law says about employers restricting employee’s leave

“Some restrictions are not unreasonable, but they should not be operated in a way that discriminates unfairly or that makes it too difficult for workers to take their holiday. The law expects employers to make the rules as clear as possible, to have a clear justification for them, and to operate them consistently and fairly.

The legal right to take holiday is based on the need to protect workers' health, safety and welfare. It is unlawful for employers to make it too difficult for workers to take their holiday. In addition, the law requires employers to actively encourage workers to take their holiday.’

In addition, your employer actually IS breaking the law cancelling your leave at such short notice. Legally an employer CAN cancel annual leave but they have to give the employee as much notice as the amount of leave booked, plus one day. So for example two days notice to cancel one day’s leave and 6 days notice if you have booked a full 5 days, etc. An employer can also insist that you take leave, but there must be work related justification for this, and the same rules apply as to the amount of notice required. If, because of employer imposed restrictions, an employee is unable to take the full entitlement of annual leave stated in the contract, then the employee must be paid for the lost entitlement.

If you have less than two years continuous service, your right to an unfair dismissal hearing is limited. However some things are classed as legally ‘automatic’ unfair dismissal - including ‘constructive dismissal’ and you can apply for a tribunal hearing if this applied. Matters regarding pay and working hours, including the Working Time Regulations, annual leave and the National Minimum Wage are all covered.

This means your employer hasn’t given enough notice op. He’s also saying he won’t review it til October.

Does your leave run Jan to Dec? He sounds like an arsehole. Are you going to just take it as the law is on your side… despite not being in your role for more than 2 years?

I would actually say it’s not legal as the employer has not given 5 days before the leave is due to start. OPs leave of 5 days starts on Monday so I would argue that he would have needed to notify her 5 days before Monday.

How are you supposed to go on a 2 week family holiday?? 😳

Just tell him “I’ve booked to go to New York/Ibiza/the moon for 7/10/14 days next June/august/December. It’s up to you if you let me book 7/10/14 days leave or if you chose to sack me”

I bet he manages to let you have some leave.

Start looking for a new job.

it's an awful and cruel situation.. someone needs to stand up to this Guy.

Basically your employer can specify that holiday can only be taken in a certain manner but if they cancel your holiday they have to give you double the amount of days notice or something like that www.acas.org.uk/checking-holiday-entitlement/asking-for-and-taking-holiday#:~:text=If%20your%20employer%20needs%20you,they're%20closed%20over%20Christmas.

Wtf. This is crazy. What if you want to go away on holiday?

Do the other employees get treated the same, or are they treated differently - for example, if they are male and you are female you could say this is a case of sex discrimination etc.