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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Been refused any annual leave this year.

319 replies

HolidayNotAvailable · 03/05/2024 14:12

§Name changed as I don’t want my name to be associated as I know some people who work for the same company are on here.

I am entitled to 25 days annual leave, which increases every year after two years.

If you don’t take all your annual leave you can carry over 35 hours but if you don’t take the rest then you lose it.

Things are made more complicated by the fact that people are allowed to buy additional annual leave, and this means that a lot of people have up to 35 days.

The upshot of this is that there isn’t enough quota in the calendar to allow all annual leave requests.

Our annual leave system is digital, we book annual leave and receive a message to say it is either declined or accepted.

And the annual leave is based on how many people are available in the department not the team.

Most people end up booking all their annual leave at the beginning of the year, including their extra two weeks which most people have bought.

Which means that if you haven’t booked any annual leave for the next year by the end of December when the annual leave is released on to the system you pretty much don’t stand a chance.

I didn’t book as soon as the leave was released not least because I didn’t have any specific plans, but even when I started to try a couple of days in all my requests were declined.

To date I have attempted to book several weeks in every month of the year, and apart from one week in December, and one day which I know I will get over Christmas because those are booked separately, every one of my requests has been declined.

So this means that by the end of the year I am going to have about four weeks annual leave left, and I can only carry over one week.
I am certain that this is made worse by the fact that people are able to buy extra leave and that realistically we don’t have enough quota in the department to accommodate existing annual leave as wel as essentially several months worth when you take into account all that has been bought.

Some people have 6/7 weeks booked in, and I can’t even get one.

I’m sure there’s no way I can get the time off, so I’ve resigned myself to not taking any annual leave this year apart from that one week in December.

But would it be reasonable to approach my employer and request that, given I’ve been declined any leave, they buy it back off me? I don’t know what else to do.

OP posts:
Thread gallery
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MrsElijahMikaelson1 · 03/05/2024 22:52

Hands aren’t tied about you not getting annual leave. It’s a legal issue. I don’t understand your laughing emoji-it’s not funny. Stand up for yourself. If your immediate line manager won’t help, go above them. Go to HR. Your bank is breaking the law.

https://www.gov.uk/holiday-entitlement-rights

Holiday entitlement

Holiday entitlement or annual leave - information for employers and workers on entitlement, calculating leave, taking leave, accruing leave and disputes

https://www.gov.uk/holiday-entitlement-rights

EsmeSusanOgg · 03/05/2024 23:24

They have to let you have the legal/ statutory minimum (and likely your full contractual entitlement).

They can say you cannot have x/y/z week. But they cannot decline/ prevent you taking your leave.

EsmeSusanOgg · 03/05/2024 23:25

MrsElijahMikaelson1 · 03/05/2024 22:52

Hands aren’t tied about you not getting annual leave. It’s a legal issue. I don’t understand your laughing emoji-it’s not funny. Stand up for yourself. If your immediate line manager won’t help, go above them. Go to HR. Your bank is breaking the law.

https://www.gov.uk/holiday-entitlement-rights

This!

sunshinestar1986 · 03/05/2024 23:29

OP
They literally can't do this legally at all.
So you need to ask the line manager what she plans to do, or take it further to HR and all the way through the formal complaint procedures.
Why would you even put up with this when the law is on your side?
A change in policy is obviously needed and it can happen through you if you're brave enough
Good luck

6pence · 03/05/2024 23:29

Absolutely ask hr in writing when you can take your legally required annual leave as you can’t book via the system. Ask for a response in writing.

They will think very carefully how they word their response, as they know this could incriminate them if you took it further.

smooththecat · 03/05/2024 23:30

Just hand in your notice and say you’re taking your annual leave starting now.

Laidbackguy · 03/05/2024 23:36

6pence · 03/05/2024 23:29

Absolutely ask hr in writing when you can take your legally required annual leave as you can’t book via the system. Ask for a response in writing.

They will think very carefully how they word their response, as they know this could incriminate them if you took it further.

Or just give the Op every second wednesday for the rest of the year?

Ottersmith · 03/05/2024 23:59

Don't banks have unions? That's what unions are for. They are breaking the law. Grow a backbone. When people put up with this shit it just makes it harder for everyone else as they will get away with anything they can.

TracyBeakerSoYeah · 04/05/2024 00:03

Bigredpants · 03/05/2024 17:45

Good grief. Do you have staff suggestions scheme? A feedback forum? A speak to the seniors meeting? Something for people to be able to speak openly about useless department!

I run the AL in our business which is shift working 365 and it can’t be entirely automated. People need to make their case sometimes. Big trips. Weddings. Who designed the digital system anyway without accounting for the extra leave people? Sounds incompetent.

This ^

Sounds like the Resource Planning dept at your work place don't know what they're doing. (HSBC?)

In a previous role I've worked where a an auto system designates the AL, the team that worked in RP could go into the system & tweak it if needed.

Worked brilliantly & everyone was happy (well most of the time)

I

Littlemisscapable · 04/05/2024 00:09

Do you like.your job otherwise ? It sounds like an awful place to work I definitely wouldn't be resigned to any of this and would refuse to accept it..you already sound really flexible. They basically don't have enough staff to cover the department..what if two people were to call in sick ? How would this work ? Don't let this happen...you are entitled to your leave... make a fuss.

User364837 · 04/05/2024 00:11

That sounds crap. Do you have a team meeting where you can put it on the agenda? What about people they join mid year? They must be shafted!

Sandwichgen · 04/05/2024 00:14

I’d post in Legal, OP., if I were you. There is at least one heavy hitter in the employment law sphere who is very generous with their time

Hankunamatata · 04/05/2024 00:51

I'd request every week of every month from now until end of September. If they refuse them all I'd lodge a complaint.

tkwal · 04/05/2024 01:30

Annual leave is a legal entitlement, regardless of what some companies or department heads believe it is NOT a perk. It is also illegal to pay someone in lieu of taking it. I would suggest speaking to the arbitration service rather than going straight to a solicitor who specialises in employment law although that should be your next option if arbitration is unsuccessful.
The right to take leave is enshrined in employment law as it is detrimental to your mental and physical wellbeing not to have breaks from working

DahliaRose3 · 04/05/2024 02:09

You’re being a doormat, and if you continue to let them treat you this way nothing will change. This is ridiculous, and your manager is awful. You have rights as an employee.

You’re not a slave. Please have more respect for yourself. There has been excellent advice on this thread re ACAS and HR. Ensure everything is in writing.

DahliaRose3 · 04/05/2024 02:11

Name and shame I say!

WalkingaroundJardine · 04/05/2024 03:16

Shocked at how you are being treated. It must be very legally risky for the bank as presumably others who understand their legal rights are also missing out on annual leave.
I would definitely get into touch with HR and explain you are having difficulty booking your statutory annual leave and can they do a manual booking for you?

BOOTS52PollyPrissyPants · 04/05/2024 06:11

Contact citizens information for advice as know by law you have to be able to take your annual leave. There is Employment Law regulations regarding this so I would go and talk to your hr manager or another manager once you get information from citizens advice as they have to let you take your annual leave. There should also be in place that everyone gets to take their annual leave before anyone can take the extra leave. Do not let this go as you are entitled to it and if they do not follow the law you can contact the workplace relations, not sure what it is called in u.k. and they will take it further for you.

SewingIsMySuperPower · 04/05/2024 07:28

I haven't read the whole thread so someone may have recommended this already.

If you get nowhere with HR, speak to Acas. You should be able to take the minimum number of days / hours as you're entitled to them. The company's poor planning and lack of forecasting should not prevent you taking your legally entitled to time off.

MissScarletInTheBallroom · 04/05/2024 07:41

@HolidayNotAvailable Have you decided on a plan of action yet?

I think I would be tempted to go back to your manager and say, "I've taken advice from ACAS and it is illegal for the company to make it impossible for me to take annual leave. You told me your hands are tied, but you're my manager and it is your responsibility to help me with this. If I have to make an official complaint about not being allowed to take my legal entitlement of annual leave, I'll have to say I raised it with you as my manager and you said your hands were tied and didn't help me take it further. I know the way the system is set up isn't your fault, but the people who set it up that way will want to shift the blame onto someone else, and as my manager that will be you. Unless you help me."

SBHon · 04/05/2024 07:46

My line manager is sympathetic but her hands are tied.
This is bullshit OP, there’s always someone higher up. If your line manager’s doing nothing then go to HR. If they’re doing nothing then go to ACAS/your Union.

maddening · 04/05/2024 07:59

AllThePotatoesAreSinging · 03/05/2024 15:39

It doesn’t complicate matters at all, it just means your annual leave entitlement will be in hours. We do this all the time for flexible working patterns. If your organisation has a full time week of 40 hours then as a legal minimum you should be taking 224 hours leave a year (including bank holidays)

The complication is that on a shift x number are allowed off but as the 2 shifts overlap the x number of people takes in to account people on the other shift as well.

rookiemere · 04/05/2024 08:10

@Laidbackguy
"Or just give the Op every second wednesday for the rest of the year?"
This is the likely outcome, but still better than not getting allowed annual leave.
Problem seems to be that people are allowed to buy 2 extra weeks, you can buy one at our place but two seems high. It absolutely should be the case that people are only allowed to book these extra days once everyone has had their core allowance.

MissScarletInTheBallroom · 04/05/2024 08:11

rookiemere · 04/05/2024 08:10

@Laidbackguy
"Or just give the Op every second wednesday for the rest of the year?"
This is the likely outcome, but still better than not getting allowed annual leave.
Problem seems to be that people are allowed to buy 2 extra weeks, you can buy one at our place but two seems high. It absolutely should be the case that people are only allowed to book these extra days once everyone has had their core allowance.

She's entitled to at least one two week holiday, not just random days here and there. They have to facilitate that.

rookiemere · 04/05/2024 08:20

@MissScarletInTheBallroom can't see anywhere on CAB that employee in UK is entitled to 2 weeks consecutive leave. It would be a bit of a troublesome piece of legislation as what happens if the employee doesn't want to take 2 weeks in a row.