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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

AIBU - work annual leave question

26 replies

PurplePizzaCake · 16/09/2021 16:33

Hello, I'm just wondering if I'm being unreasonable here. We used to have a vague policy where we could carry over a few days holiday to the next year, but my boss has just asked me to book all my holiday before the end of December.

AIBU to think that they can't just change the rules like this, all I wanted was to use a couple of days in the beginning of January from my 2021 annual leave allocation

OP posts:
Cornishmumofone · 16/09/2021 16:38

It depends on how vague the policy was. Was there something in writing that said, for example, that up to 5 days could be carried over in exceptional circumstances at the discretion of your manager or was it unwritten?

RunnerDuck2020 · 16/09/2021 16:38

It depends what the official policy is / was. If the official policy was always that you could not carry days forward, but you have been allowed to carry a few days forward informally in prior years then YABU. If the official policy was that you could carry forward X no. of days and they have suddenly changed it then you have reason to be a bit frustrated, although they are giving you plenty of notice to book your hols in now before the end of Dec.

Aprilx · 16/09/2021 16:46

As the employer can always determine when annual leave should be taken, it would follow that yes they can change policy

OrangeTortoise · 16/09/2021 16:49

I hear you OP. We've always been allowed to carry over 5 days (and up to 10 if we got it approved) but the new head of department has said we can't any more. Annoying. As others have said I think we just have to suck it up because it was previously an unofficial policy rather than a contractual right.

melj1213 · 16/09/2021 17:03

When you say "vague policy" what exactly is the wording? Is it an official policy that no holidays can be carried over but unofficially it is allowed to slide? Is it that you can only carry over X days but nobody cares if you carry over X+2 days? Is it that you can only carry over holidays in specific circumstances (eg due to sick/maternity leave)? Is it that it requires managerial approval?

Where I work (national supermarket chain) our official policy is that you cannot carry over any holiday to the next year unless it is an exceptional circumstance and has prior managerial approval. Our holiday year runs with the tax year, April to April.

Last year, due to covid, a lot of people couldn't take all of their holidays (either due to shielding/having travel cancelled/cancelling holidays to help out when we were short staffed etc) before the end of the year. Everyone was encouraged to try and use as much holiday as possible before April, but corporate made a blanket decision that everyone could carry over all unused holidays to this year but it was a one time deal - if you don't use them by the end of this year then you lose them.

Solotravel · 16/09/2021 17:04

Have you asked whether you can, on this occasion whether you could take your leave as planned?

We have a strange holiday year end of 31st Jan and a couple of times I have asked to carry forward leave (I hold a couple of days back in case of child illness) and use it up in the February half term and they were fine with it because it was being used up soon after the year end.

DDiva · 16/09/2021 17:10

Why is it such an issue? It sounds like this is actually in your contract and they have previously made an exception so not sure you've got much grounds for complaint.

WellLarDeDar · 16/09/2021 17:43

Usually carry over is at the discretion of the manager. Have you explained you wanted to use a bit in january?

ChurchWCat · 16/09/2021 17:45

Many companies that usually allow carry over are not allowing it this year due to knock on effects of covid.

Is it in your company policy or contract anywhere?

Stompythedinosaur · 16/09/2021 17:47

Most companies can dictate annual leave use if they want to. You can ask if an accepting can be made.

Stompythedinosaur · 16/09/2021 17:51

*exception

pinkcattydude · 16/09/2021 17:52

We only allow anything over the min 28 days to be carried over the 28 days are use it or it’s gone.

Original poster
PurplePizzaCake · 16/09/2021 20:34

I've been at the company for years and always been allowed to take up to 5 days over. I also once used up all my holiday so used some of the next year's allocation at Christmas time for a couple of things.

I don't think it's anywhere in writing, it's a small company and our HR is pretty much non existent. I probably have a contract from back when I started but no idea what it says on it.

I wouldn't mind if they had actually changed the policy and emailed to let the whole company know, I just asked if I could carry over a couple of days to be used in the first week of Jan and was told no. Even though I know that a colleague is carrying over a lot more than 5 days.

OP posts:
scarpa · 16/09/2021 20:54

If it's not in writing, you're probably out of luck I'm afraid. You could ask whether that's the policy now, and if they say yes, ask why your colleague has been allowed to do so.

I'd say get all this in writing but if you haven't got proper HR (and aren't going to be willing to say, take it to ACAS or somewhere) it's probably pointless.

You could ask for an updated employee handbook with the new policy in, at least for future reference?

Merryoldgoat · 16/09/2021 20:59

How much leave do you get?

Original poster
PurplePizzaCake · 16/09/2021 21:07

We get 25 days, but I've been working part time since coming back from mat leave so get less.

I guess I'll just do what they say and book it before Dec. I'm pregnant and feeling rough at the moment so could do with a few days off to be honest.

OP posts:
Original poster
PurplePizzaCake · 16/09/2021 21:08

Thanks for all your advice/opinions. Feeling pretty hormonal and hard done by today, but it's not the end of the world to book in some days off Smile

OP posts:
Talktalkchat · 16/09/2021 21:45

They’ve legally given you plenty of notice.

If they want you to take a week of - they need to give you twice that in notice etc

Talktalkchat · 16/09/2021 21:46

Calendar or financial year?

MissAmbrosia · 16/09/2021 21:47

Weve been told we can't carry holiday over this year. Nor last year. Normally the rules are up to 5 days. I think its down to an accounting thing.

Original poster
PurplePizzaCake · 16/09/2021 21:58

@Talktalkchat

Calendar or financial year?
Our financial year is the calendar year, not sure that makes any difference though?
OP posts:
Talktalkchat · 16/09/2021 22:04

You are being asked to take leave over the next 15 weeks, it’s not unreasonable.

Holidays are whenever the company decides but can be when you start, calendar or financial year (which is THE financial year the government sets).

The company is giving you legally enough time.

What’s the issue, do you have anything planned for January?

Original poster
PurplePizzaCake · 17/09/2021 07:19

@Talktalkchat

You are being asked to take leave over the next 15 weeks, it’s not unreasonable.

Holidays are whenever the company decides but can be when you start, calendar or financial year (which is THE financial year the government sets).

The company is giving you legally enough time.

What’s the issue, do you have anything planned for January?

I've already taken the holiday I need up until Christmas and due to my child's nursery being closed until 6th January I just wanted to take the first few days off in Jan. But I will just take that from next year's allowance and book a few more extra days leading up to Christmas.
OP posts:
Binting · 17/09/2021 07:33

OP if employees have been able to carry forward leave for years then it could be an implied term of your contract by virtue of custom and practice. Implied terms are often unwritten.

Maybe give ACAS a call if you are willing to fight this, although my own instinct would be to suck this one up (choose your work battles wisely 😉)

Notjustanymum · 17/09/2021 08:10

Your Company may be doing this in order to balance the books. If the part of their contingent budget for annual leave not taken last year has been cut, implementing this policy may save the company from having to make anyone redundant next year...

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