To expect to use my holiday.

[Pennyfloor]

Hi all, so - in my work I do 9 hours every other weekend . I noticed a couple of weeks ago I had 9 hours annual leave remaining so requested the Halloween wkend off as my dog gets scared with any noise and she would be alone till 8pm. This was declined as someone else off and told i would be paid the hours in jan. Fair enough, I asked which weekend I could have off as i dont want to be paid, i want to use the holiday and was told to look at holiday calendar. There are only 2 weekends i could take due to other people being off so I asked for one or the other and have been told no as they cant find cover and I will be paid. I am certain that they cant do this, i have adhered to staff policies and given 4 weeks notice and no body else is off. Surely it's not my problem that they can't find cover? Always seem to have a problem with things with some of us as we dont kiss asses! 🤣🤔Any help appreciated.

Unless it's time and a half? Then 9hrs at a weekend = 12hr shift.

@Pennyfloor I think your lack of availability to cover extra shifts is an excellent one. Choose what works for you and drop the rope.

I'm not sure of your set up, is there a HR dept? Would it be worth writing (very politely) explaining that you have 9hrs leave remaining but they have refused every date you have requested and it wouldn't be feasible to take the time during the week as you work a 12 hour shift. If they don't offer to either give you one if the dates you requested or a 12 hr mid week shift, I would be looking for another job and not volunteering to cover other people's shifts.

Are you accruing holiday for the extra hours you're working?

No hr just manager and owner. I've been there before with going above the manager and it didn't go in my favour and others have been sacked for doing this.

Nope.🤪

Will they allow you to carry forward the 9 hours into 2027 holiday year?

I do think you should push back on them refusing to let you take it, especially if it’s “use it or lose it.”

So they've allowed others to take weekend holiday on your non-working weekends but they wont allow you to do the same on theirs?

No, policy is use it or lose it, but they get us to sign a form in jan to say we opted to have it paid and wasnt not allowed to take it if we have any left. Which is great if people want to do that but I dont.

Yip, and I've been asked to cover and will be covering for people on my non working wkends..🤔

As others have said, you are entitled to take the leave, but not necessarily at the weekend. Make a request in writing asking when you can use your 9 hours leave before the end of the year. Hopefully they will tell you when the hours are available for you to take, so you can take them and don't need to be paid instead.

TBH, they wouldn't be unreasonable to have a policy which didn't allow weekends to be booked as odd days if they are hard to find cover for. Most companies also expect you to have booked your years leave well in advance rather than leaving it til the last few weeks of the year.

They are only doing something wrong if a) these hours form part of your statutory minimum leave, and b) they refused to let you take them at all.

If they're not giving you holiday for overtime, and making people sign that form, I'd have a chat with both ACAS and HMRC. Change jobs asap.

What's your annual holiday allowance? Unless you get more than the statutory minimum of 28 days per year including bank holidays, they are breaking the law by not allowing you to take all your leave and paying you instead.

We do get a very small amount on top of hourly rate for overtime, not sure if thats why we don't accrue holiday? I've been there a long time and have never accrued holiday for overtime.

This is what i understand. We get statutory holiday. Pretty new management and not sure they are aware of the law..🙄 I have put in writing I don't want it paid i want to use the hours please let me know when I can take it and was still told no it will be paid. I have this in emails so they obviously think it is ok.🫣

Your union who can have access to your contract will be far better placed to advise you than random people on the internet.

If other staff can take weekend time when no one else is off but you can't, I'd put in a grievance about your manager. That sounds like you're not being treated the same.

If they refuse I'd phone in sick for the weekend you really want. And then I'd take the paid hours in lieu of time off and I'd be unavailable to do overtime in future- they can't have it all their own way. If they want favours and goodwill from employees they have to give as well as take!

They can't pay you in leui of holidays, that's called 'buying out' and it's against employment law. Unless your holiday allowance is above the statutory minimum, then they can pay you.

They can choose where you take it though, your not entitled to a choice of when it would be, as long as you get the time off.