Holiday year ending and pay

[Triskaidekaphilia]

I wonder if someone can help... DH was a bit silly and didn't book all of his holiday in for this year. The school holidays were obviously booked up so he tried to use his days up for the beginning of September (tried to book it a couple of weeks ago) but that was also denied. Work has said he will lose this holiday as their holiday year ends mid-September. Does anyone know if he'll get his holiday pay back or has he lost that too? Or is this different in different workplaces?

Does anyone know if he'll get his holiday pay back or has he lost that too?

It depends what the company policy is. Do they allow him to carry x amount over?

If he can't then yes he will probably lose it.

Where I work if you don't book your holiday then you lose it as you can't carry it over to the next holiday year

*out, I’m afraid

Pressed enter too soon!

Sorry, I am a moron

Was trying to say

You can usually only get holiday pay back if you’re leaving the company and haven’t used up your entitlement. If he hasn’t used up all his holiday, he will lose out, im afraid

It’s a good lesson for next year!

He needs to check with work. At my company you have the chance to buy or sell or carry over up to 5 days a year, bit this is a benefit that not all companies offer.

He shouldn't lose out on his due holiday. If he's in a Union get them involved. If he completely forgot to book his holidays then he might lose them if they were very strict about carrying over. But the fact is he has tried to book holidays and they've denied him. I think the Company is in the wrong here.

We can carry over a week if we have tried to take it but been unable to.

They've explicitly said he will lose the time off, so I presume there is no ability to carry over, but I gather from what glow said, that he won't get the pay either. Viviennemary He did request it, but I'm not sure exactly when he tried to book it, it may well have been less than the months notice they need for holidays.

I think his holiday is just the statutory minimum, so correct that it doesn't get carried over except in cases of illness, maternity leave etc. I just wondered if he should be paid the remaining days, as the company he works for have form for bending the rules if they can get away with it. If he's not entitled then I agree, it's hopefully a lesson learned!

Oh and I meant to say, thanks everyone!

At my place of work, the holidays run from April to March. Any previous years holiday not taken before the end of September is lost (barring maternity, long term sick)

So we get a further 5 months to take previous years holiday, which I think is plenty of time & can't believe the amount of employees who loose their holidays by not taking them in that time period.

Legally, no, he can't he paid for it. Bit he should ask again and point out that he has a legal entitlement to his annual leave and they have prevented him taking it (he should have requested it sooner but hey ho) so they ahoy d allow him to take it after the end of the holiday year and he will take the next available dates. They might give in if he does that.

• should allow him....

If he gets just the statutory minimum the company cannot pay him for the days he has not taken. However, they can't prevent him from taking them either. They can dictate when he takes them but they cannot simply refuse.

If his holiday is more than the statutory minimum the company can prevent him from taking the days he hasn't booked provided he has already taken the statutory minimum amount of holiday.

If he hasn't yet had his full statutory entitlement for the current holiday year he should point out to his employer that refusing his leave request puts them in breach of the Working Time Regulations and ask them how they intend to address that.

Interesting prh47bridge, have read that to him. Not sure he'll speak to them as he said he was scared to confront them (We both have social anxiety so I understand) but have encouraged him to try.

Oh have read him your suggestion too OutToGetYou, he would be happy to take any dates they suggest.

My work doesn't carry over holiday officially but we will sometimes make an exception if the staff member has been not taken holiday for a work reason e.g. If they have been working on a project and they will get a month's extension.

I am in HR and I do get cross when people don't take all their leave (mainly cross at the managers for not having managed it over the year) and then asking to carry over.

We do allow 5 days but we give 5 more than the statutory minimum so we can.

Statutory minimum (which is 5.6 weeks, or 28 days if you are full time) should be taken in the holiday year. It is technically illegal for an employer to pay it out (as that encourages people not to take it and the point of it is that people take it as they need a rest) and same re carrying over - it should all be taken in the leave year.

An employee has a right to complain if an employer has repeatedly refused them requested leave (and the only reason an employer can refuse is 'operational reasons', but that covers pretty much anything) but that right fades away when the employee has never requested it, or not requested it in good time (though there is some case law on that I can't find at the moment).

The employer has a right to set a holiday year, which employee should be informed of. They also have a right to set time periods by which holiday should be requested and to limit the amount taken at once, as well as to force holiday to be taken (for example, many employers shut over the Christmas period and force employees to take those days from their leave entitlement).

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

There is no compulsion on employers to allow any carry-forward.

I have worked for employers who hoped employees would not request their leave and then have the year run out on them. Most are not like that.

I usually end up allowing people to carry forward more (mainly if they give me the dates they will take it though!) and sometimes I agree to pay some out (though never to take them below the statutory minimum for the year, bearing in mind they may have carried forward from the year before too) - in this case I would certainly be OK if they said 'look, I know I should have booked sooner, but what's the next available dates I could take which don't cause any problems - I'll take those' - I'd agree to that.

I don't think this workplace tries to stop people taking their leave, but they don't encourage people to use it up either, I don't think they really care either way.

I asked about the discussion he had with them and basically as he'd already made two attempts to book the days in online he asked when he could take them and was told he had lost them now. I'd find it annoying if I worked in HR as well though!