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'd be tempted to take a week off sick because of stress.

It is legal - but it is very bad practice.
We have to take our leave in weekly blocks (ie you can't take an odd day, you have to take five in one go) and it is frustrating - but yours sounds far, far worse.
I hope he sees sense or you can find a new job.

Slightly off topic but this thread has reminded me of an employer I once had you issued holiday entitlement in hours. So you could book just 1 or 2 hours to take the car in for an mot or a school meeting etc. Really handy.

I totally get where your director is coming from. For you to take an extended, normal leave cuts his workforce in half. However, as much as I understand that, it is not fair to you or the other employee. Two days off at a time, even if weekends bring that to four days total, is not enough for proper rest and recharging batteries...not long term. If this is a temporary situation, I'd advise you to deal with it in the short term (assuming you love your job). But if it is just how things are with that company, I'd be looking into a situation with a workforce that allows proper leave time.

@Mamanyt

I totally get where your director is coming from. For you to take an extended, normal leave cuts his workforce in half. However, as much as I understand that, it is not fair to you or the other employee. Two days off at a time, even if weekends bring that to four days total, is not enough for proper rest and recharging batteries...not long term. If this is a temporary situation, I'd advise you to deal with it in the short term (assuming you love your job). But if it is just how things are with that company, I'd be looking into a situation with a workforce that allows proper leave time.

there are Agencies that he could use for the core staff leave ... plenty companies survive using short term agency staff 🌸

Yes as others have said, sadly it is entirely legal. However it’s pretty bloody unreasonable and I wouldn’t be happy about it. I’d definitely be voicing my concerns and booking a good 10 day holiday somewhere haha

Are you requesting leave with a short notice? For example, asking for next week off. Or are you requesting a week off that is 4 months into the future?

For a small busy company, it can be tricky to cover leave at a short notice. For a longer notice they should be able to plan it more easily.
If he still says no, there is a risk of you becoming ill due to work related stress, which is unplanned leave that could cost him more than booked leave.

Personally , I would silently look for another job, but without taking the leave. Then upon resigning, you would be entitled to full pay for any leave you had not yet taken. Your boss might not like this but it is your stautory right. Also, if he still didn't like it, you could point out that he was the person who blocked you taking more than 2 days off at a time. He can't have it both ways.

What type of business is it? And what sort of job role?

OP said Retail

Please also keep in mind that employees working for a company under 2 years have pretty much no rights at all and they can get rid of you with just your notice period at almost any time (assume HR is practically non existent). I would be looking for another job as you’ve only been there 18 months as taking this anywhere else is only going to give them cause to terminate employment potentially before you’ve found another job

Our contracts of employment set out annual leave in agreement with manager.

People would not stay if they were treated as you describe.

What are your prospects for another job?

Do you really want to work for a company who treats its employees so shabbily? There is a shortage of workers at the moment to I suggest you find a new job and give the least possible notice.

That's strange. I have been a housewife for years but before that I spent 20 years in Banking in the City. (4 different Banks)

I think in each of my contracts there was that I had to take 10 consecutive working days off a year, then I could take the rest how I wanted.

I was told it was the regularions (possibly BofE) as any misdoings could be discovered while someone else was doing my role for the 2 weeks.

I quit a job when they decided to introduce similar restrictions. I was a single mum and wanted to take my holidays when schools were off for childcare reasons. I think you need to start job hunting OP.

I misunderstood the post about the following week’s leave being cancelled. It appears that the employer was cancelling the last two days of it, which would have been the Thursday and Friday. Technically this is lawful as he was giving the required three days notice to cancel two days leave. Morally, it’s a shitty thing to do, and it also demonstrates that he knows the law regarding leave - so things are unlikely to change any time soon. What he’s not paying attention to is the responsibility of employers to ensure adequate leave for rest and recuperation - two days leave at a time and ‘long weekends’ is not enough to achieve a work/life balance and look after mental health.

Whatever the reasoning behind it, your employer is making it very difficult for you to continue in the job, by not allowing you sufficient time off from what sounds like a very stressful environment. If you end up leaving for another job, I think you may have a case for constructive dismissal. I know you haven’t been in the job for the two years necessary for full employment rights, but there are basic statutory rights to which you are entitled from the start, and it sounds like these are being infringed on a regular basis - if you can establish that this is the case, you can apply for a Tribunal hearing in an ‘automatic rights’ capacity. Before you make any decision about resigning or taking alternative employment, you need to get some advice from ACAS and also from a good employment rights solicitor to establish your position.

@Sixgeese

That's strange. I have been a housewife for years but before that I spent 20 years in Banking in the City. (4 different Banks)

I think in each of my contracts there was that I had to take 10 consecutive working days off a year, then I could take the rest how I wanted.

I was told it was the regularions (possibly BofE) as any misdoings could be discovered while someone else was doing my role for the 2 weeks.

Banker’s insurance will sometimes require that employees above a certain level take two weeks off every year. It reduces the chances of systematic long term fraud and has the added side benefit that people become less indispensable and don’t hoard key organisational and administrative knowledge which gets lost if they fall under a bus.

@Sixgeese. Yours is a good example of how employers are legally allowed to dictate how annual leave is taken in certain circumstances - usually to allow for the way the business operates. A responsible employer will write this into the contract of employment, so that the employee is clear what they’re consenting to.

Some posters are asking if the employee gave sufficient notice before taking the annual leave. Legally you have to give your employer notice of twice the amount of leave you intend to take - so for one day’s holiday you would give two days notice and so on. Also be careful about any remaining holiday entitlement if you decide to leave. Your employer isn’t obliged to pay you for untaken holidays if your notice period gives you sufficient time to use them up.

Most people don't have jobs where they could be committing fraud

I can think of at least 2
Accounts admin role - setting up a fake supplier, with payments for non-existent deliveries made to my own bank account
Shop role - giving 'refunds' on items previously nicked by my friend, no questions asked

Of course, such scams would have to be way more sophisticated than these - I'd probably be caught within hours. My DP is an accountant and he quite enjoys the forensic side where he spends weeks uncovering fraud.

I hope you're on holiday, OP. It doesn't sound like your employer gave you enough notice to cancel it AND should have covered any losses you would have incurred had you done so.

It's a shame that more people don't realise that when politicians talk about "cutting red tape" for employers, they mean leaving employees without rights to such basics as being able to take a week's annual leave in one block in order to go on a proper holiday.

From the reactions here people clearly consider it a normal expectation and something people should of course be able to do. Yet it's not what gets voted for.

The point about full weeks of leave being useful as a safeguard against fraud is really interesting.

@user16395699. It happens quite a bit. A long time ago I managed an office which handled cash and accounts. All the staff knew each others’ jobs and switched roles at various intervals. It kept the work varied and interesting and any type of fraud would have been very difficult to hide because the roles were audited before another staff member took over.

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.

There used to be 3 of us in my department and we still managed a 2 week holiday if we wanted it. I also had a month off sick and no one batted an eyelid!

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.

No, the law doesn’t allow for this type of restriction no matter what the size of the business, or how many they employ, and the reasoning is anything but sound, as the employer is not fulfilling his responsibility to ensure a proper work/life balance. Two days leave at a time and long weekends are not enough for rest and recuperation and could potentially contribute towards a claim for constructive dismissal if the employees’ mental health is affected because of it.

No, the law doesn’t allow for this type of restriction no matter what the size of the business, or how many they employ, and the reasoning is anything but sound, as the employer is not fulfilling his responsibility to ensure a proper work/life balance. Two days leave at a time and long weekends are not enough for rest and recuperation and could potentially contribute towards a claim for constructive dismissal if the employees’ mental health is affected because of it.

Spot on 🌸

Unfortunately this is completely legal. Employers can also designate you holiday as opposed to you getting to choose when. I understand where he's coming from but you'd think he'd realise in the long run he'd be losing good workers after they get sick and tired and decide to move elsewhere. Maybe he's hedging on enough growth in that time that he can employ more people and therefore losing people isn't as big of a deal. Shitty way to run a business though.

If you're in a small fashion company that's booming and it's hard to find similar roles elsewhere, does that mean there would be people queuing up to work at your company? Unfortunately in my experience the more in demand a job/company the more you get treated like shit as you're easily replaceable. So annoying.