AIBU to refuse holiday my employer is forcing me to take?

[fashu]

I've worked in a hotel for almost 4 years now and my general manager and deputy manager recently left. The new management I feel are picking on me, does anyone else agree?
I wanted to take some annual leave at the end of October when my duty manager returned from her holiday but she said it was not possible as it was going to be busy she could only give me 3 days instead of 9. I said OK and got on with it. Then because work wouldn't give her holiday over Christmas she abruptly left.
I was on the rota as working Christmas and off for new year to spend time with my sons. Because we are now short staffed I agreed to work an extra 4 hours daily on 24th 25th and 26th.
The new manager then updated the rota so I had to work on new year. I said I have made previous arrangements but they told me it was no longer possible. I've had to change my plans and get refunds for events I had booked.

So now, I've gone into work and I've been told I have to take my annual leave in the 2nd week of January. I said I would prefer to keep my leave until February when my son is off school (annual leave runs from March to march) but I'm being told no you have to take it then.
Can my employer do this? It's really messing with my mental health, not to mention the emails they are sending me asking for me to work on my days off.
Should I get HR involved?

Sadly I think your employer can insist on you taking leave when they say... I believe there is a certain amount of notice to force leave / force cancellation of leave.

I'd be considering my future with this employer though as it is not a great way to treat staff.

Yes they can tell you when you are allowed to take your leave.

But there are many employers out there who do not. Maybe this is a chance to go and explore elsewhere where you may be happier?

Sorry you're being messed about. Legally yes they can tell you when to take your holidays and can cancel your agreed holidays with sufficient notice. If your employment contract or the company policy says that they should do better than that then it would be worth raising with HR.

Maybe it's time for a new job?

You have a legal right to have annual leave, but no right whatsoever to have it at a time of your own choosing. In many sectors you get no choice at all, and all leave is prescribed by the employer.

It's shitty to make you cancel pre-arranged stuff over new year. All youcan do though is vote with your feet and get a different job elsewhere. This employer will only change their practices when they realise that good staff won't put up with this kind of treatment. If you don't quit, you are saying that you accept their terms.

Yeah I think you are all right it's time for me to move on. Its just such a difficult decision with 2 kids to just move everything and start again. It was great before the new management but I feel like if they can do all this in such short notice it's not really going to get better. There is clearly lack of regard for my wellbeing. I don't think I would be as annoyed if my annual leave in October wasn't rejected though. They are only saying to take this leave because I have too much......

That is shitty of them.
Haven’t you developed a new, continuous cough? ;)

I'd take a look at the job market in your field and see what your options are. Then I'd approach your empyer tell them you re not happy with the current situation with regard to leave, and are looking to move on. You may find they need to keep you and the leave situation will improve, you may find they don't give a toss and you are replaceable in which case they won't budge. I guess it's down to your value in the company.

Yes, they can do this. Employers can dictate when you take your annual leave and refuse requests based on business needs.

Could you unpaid childcare leave in February half term? Might make them reconsider not allowing you the time off as a holiday?

Parental leave is unpaid. You’re entitled to 18 weeks’ leave for each child and adopted child, up to their 18th birthday.

The limit on how much parental leave each parent can take in a year is 4 weeks for each child (unless the employer agrees otherwise).

You must take parental leave as whole weeks (eg 1 week or 2 weeks) rather than individual days, unless your employer agrees otherwise or if your child is disabled. You don’t have to take all the leave at once.

A ‘week’ equals the length of time an employee normally works over 7 days.

Do you work for a supermarket?

My friend has had this the entire time she's worked for Morrisons, complete shower of disorganised twats. All take, no give. She's much happier in her new job

Best wishes that you are too !!!

Apparently there's quite a shortage of hotel and hospitality staff at the moment. I think you need a new job.

I believe legally they can do this.

It's shit.

If you can, I would look for another job. K would also consider going off with stress from the harsh treatment from your management.

@NovemberNovemberDarkNights

Do you work for a supermarket?

My friend has had this the entire time she's worked for Morrisons, complete shower of disorganised twats. All take, no give. She's much happier in her new job

Best wishes that you are too !!!

Try rereading the first line of the OP

I'm constantly amazed at the attitude of some in the hospitality industry. They can't get staff so turn the screws on the employees they've got left who then leave because there's plenty of jobs elsewhere!

They really don't like not being able to call the shots, do they.

Time to move on, OP!

Do you work for a supermarket?

The fifth word of the OP's opening post is hotel.

@Perching

That is shitty of them. Haven’t you developed a new, continuous cough? ;)

Lying about covid symptoms is shitty behaviour and would be absolutely transparent if the OP has asked for specific leave and been refused. Not helpful if she's looking for a new job and wanting a reference either.

They can require you to take holiday at a certain time but must give twice the amount of notice as the time they want you to take. So if they are demanding you take one week’s holiday, they have to give you two week’s notice.

Sounds shit OP, I really feel for you.

@Perching

That is shitty of them. Haven’t you developed a new, continuous cough? ;)

@Perching

Dangerous advice, if you were serious. I t would be so obvious, and OP could be sacked for that

It's very poor practice to cancel holidays that are already agreed especially if you have plans. I would have got HR involved at that point. Yes they can tell you when to take leave but you can also request unpaid leave for the feb holidays if you have no alternative childcare you have no choice. Double check what your employers policies are on annual leave then approach HR or look for another job

Alas they can.

Legally you have a right to leave. But Legally you have no control over when that necessarily will be.

www.gov.uk/holiday-entitlement-rights/booking-time-off-

Are they within the legal / contractual requirements for cancelling your NY leave?

Yeah, it's clearly the new management style, so I'd be looking for something else. I suspect they are thinking there will be restriction in Jan so if they get staff leave out of the way then then it is to their benefit. Just make sure that by leaving you aren't putting yourself at significant risk of unemployment due to COVID.

Once they start losing experienced staff they might learn although the hospitality sector seems to be a very slow learner in terms of this so far.

Find a new job. Whilst an employer can rota when leave is taken, putting it at the time you are least likely to benefit and at fairly short notice is unreasonable.