Denied annual leave

[historyismything]

Hi all
My husband works for quite a big company of restaurant chains. He is assistant manager. His immediate boss,the acting GM, has stated that he is unable to take the rest of his annual leave (11days) prior to the period end (31st dec).
I have had a little look around and at the working time regulations; I’m sure I’m reading it right that this would be unlawful. Can anyone confirm this?
My husband is fearful of rocking the boat and work has become unbearable for him, he has been criticised alit for running the business when his other manager was signed off sick. Generally just having a really crap time

Employees can refuse leave at busy times. Ideally your DH’s line manager would ensure the staff are taking leave throughout the year so that this situation doesn’t occur. It’s standard for restaurants not to allow leave in Dec, as it’s the busiest time of the year.

I understand that completely, but they were running on very little staff so couldn’t take annual and this manager is having his in the first two weeks of December it can’t be a case of it being too busy?!

What is the boss proposing to do about the holiday not taken?

It cannot just be forfeited with nothing in return.

It would be illegal if he is receiving less than the number of days he is entitled to under law. His employer should have made sure it was taken earlier in the year if they don’t want him to take it now.
www.citizensadvice.org.uk/work/rights-at-work/holiday/when-you-can-take-holiday-from-work/

I'd agree it is usual for leave to be banned up to Christmas. Is your husband new to hospitality? Most would know that.

Has he been given the opportunity to take it prior to this, and what does the manager suggest as an alternative?

I think legally you have to take (or be allowed to take) a certain statutory amount each year. I only just realised this when speaking with DH who is more familiar with HR issues about my area manager offering to “allow” me to rollover some of this years holiday into next year when I’m on Mat leave. He said usually you can only rollover a few days as you are required to take your statutory amount or employer will be in breach of the law or some such. I would check with your HR in any case.

If his holiday year finishes after December (mine runs April to April) then there is not a lot he can do. A lot of places restrict holiday in busy times.

No alternative has been suggested, both my husband and the original manager have repeated asked for help/ extra staff none of which was forthcoming. He has been in the industry a long time and in this job about 18 months.

If it is a big chain then there should be policies on this. Try and get to see them, including staff handbook etc.

Would be worth him going above his bosses head on this one and speaking to his BDM/area manager!
I work for a large restaurant pub chain and this is exactly what I’d do!
Like PP have said his boss should have been ensuring that holidays were taken but unfortunately this very rarely happens.

He must be allowed to take 20 of the statutory 28 days, and the outstanding eight (or more, if his entitlement is greater) carried over. So if he has only had 17 days they need to accommodate three days before year end. If his entitlement is greater then anything over 20 days may be carried over (subject to contractual terms).

Try not to focus on the manager being allowed to take time off. It's frustrating but managers are often subject to different rules (or able to make up their own).

Holiday is banned my chain from December 1st until January 2nd but our holiday year ends in March, allowing us to mess about with remaining days in the quiet time after Christmas. As GM I ensure my team take their holiday before. If they absolutely can't we have to let them carry it over after approving it with HR. We're a first name type company so my managers could phone our HR head and sort it directly. Is that an option for him?

If your husband is unhappy at work it may be time to cut his losses. I've been in that position and there is little comeback.