Can a company take back annual leave?

[TastelessMiserySand]

Posting for traffic, hope that's ok.

Here's a question...if an employer allows you to carry over annual leave from one 'leave' year into the next, are they legally allowed to dictate a date by which you must use that leave?

This has happened to my DH, and I can't work out if it seems a bit off or not.

Basically DH carried 5 days over into 2022, and he then booked all the dates he needed to take throught the year, in order to cover his share of childcare for the various school holidays.

He has now discovered that he is showing -1 days on leave remaining. When he checked, his HR contact said this is because he didn't use the carried over 5 days before a certain date, in this case, 31 March. He used 4, and has lost the other one.

He does admit that there was an email telling staff that they needed to use this carry forward by that date, so fair do's from that respect.

BUT can a company take away a day of leave and not finiacially compensate someone for that lost day either? I mean, he has a contract with X leave days a year, which he didn't get....

I'm not sure - I guess I'm just hopeful that they're perhaps not allowed to do that under some sort of contract law.

DH isn't going to take it any further, because it's just 1 day, but some people lost 4 or 5 days apparently.

Just seems a bit shit to me, given the amount of ill feeling that must cause for staff. I mean, what difference does it make when people use their carry forward leave, so long as it's within this current year? Maybe I'm missing something obvious 🤔

AIBU?

The company are within their rights. One of the few exceptions is when leave can't be taken because the company can't cover or find space in the diary. Then it can be carried forward indefinitely.

DH has to use his by 31st Jan, if he has more than 8hrs left he loses it, less and receives in Feb wage..

Yes they can, they have been told anyway, that he didn’t read his email well is on him.. My employer always ask us to take ours within the first 3 months of the new financial year otherwise we lose it. Some companies don’t even let you carry anything over, you either use it or lose it

Yes they can, provided the additional days are over the statutory limit of 28 days including bank holidays.

Yea it’s very clear in my companies holiday policy it must be used by a certain date

has he checked his policy

DH isn't going to take it any further, because it's just 1 day, but some people lost 4 or 5 days apparently.

So they all thought that the email was nonsense/didn't apply to them?

Also on this point

Just seems a bit shit to me, given the amount of ill feeling that must cause for staff. I mean, what difference does it make when people use their carry forward leave, so long as it's within this current year? Maybe I'm missing something obvious 🤔

It makes a huge amount of difference financially and with planning. I must say I’m shocked that your husband was told and didn’t do it and then said “he’s not going to take it further”

Running a company is really hard work, and stuff like this post does make me less inclined to be lenient in matters like holiday. You’re an adult, it’s really on you to plan your annual leave reasonably within the year and read emails when they are nice enough to let you carry it over!

It wasn't because he was sick or because they wouldn't grant him leave though... so that won't apply.

Yup otherwise people could just keep carrying over more and more leave till they could book like months and months off. Although that would be nice. Think dh carried over 10 plus they gained 2 due to long standing service or something. But those 10 are the first ones to be used so then it’s into this years.

If people save up lots of leave over and over and acrue loads then it's not fair on other staff if they take 2 weeks off of every months for say 3-4 months because it's saved up.

People have to cover for others when they're off so having loads off at once isn't allowed.

Also if they quit and have lots of leave left the company has to pay them for it.

It hasn't been taken away from him though has it?

There were t&cs attached & he ignored them.

It's quite standard. Sounds like he needs to actually read the policies.

Consider it a perk you can rollover 5 days to Q1. Some companies have a use it or lose it policy within the year.

We have until mid February to use any carried over AL. And even then we are only allowed to carry over 3.

Not sure if that’s meant for me @TheWayoftheLeaf?

Just seems a bit shit to me, given the amount of ill feeling that must cause for staff. I mean, what difference does it make when people use their carry forward leave, so long as it's within this current year? Maybe I'm missing something obvious 🤔

Imagine if every single employee decided they wanted to save up five days of leave - and they all wanted to use it all in the last week before it ran out.

How would the company operate with every single member of staff on holiday?

There's a reason why most companies insist on annual leave being split fairly so that everyone gets some time off in summer etc.

100% yes they can. They have also followed correct process by stating when it should be used by before its lost.
Not employers issue that your husband is one of those people who feel rules don't apply to him. He'll know for next year now.

DH isn't going to take it any further,

I almost wish he was as I'd love to know the outcome.

If people can't take carried over holiday within the first quarter, how are they going to take that years full holiday entitlement in the remaining 9 months? Businesses need to be able to workforce plan, it just doesn't work if people stack up loads of holiday

Frankly if your husband and his colleagues were emailed about the policy and were stupid enough to ignore it, then losing the holiday is entirely their fault.

He'd get a big fuck off (although worded much more politely) from HR. The policy is clear, they even emailed to remind everyone about it, you need to take responsibility for managing your own annual leave within the boundaries of the policy

Agree with the others, every company I've worked in over the past 40 years has had a similar rule.

When I worked in one company there were 10 of us in the department. We each got six weeks leave a year. That's 60 weeks in total to be used up during the year. Of course some people would be off at the same time. But trying to juggle all of us taking the 6 weeks we were entitled to, sick days, appointments etc was a logistical nightmare for our manager. If we'd all taken five days over and been allowed to take them at 'popular' times (i.e. the summer months or Christmas), no one would have been in!

Yes standard, use the carry over within the period allowed, or lose it.

It’s nothing at all to do with accounting, the accounting can reflect whatever the company’s decide to do with holidays

were you both self-employed before or something?
this has been standard at everyone company I’ve every worked for, of multiple sizes . I can’t believe neither you nor he have never heard of it 😂