Annual leave request during lockdown by employer.

[Reesewitherknife]

I’m hoping someone will know a bit about employment laws than I do.
Quick basic background. I started a new, part time job in January 2019. I work just 9 hours per week as a PA for a disabled lady. She is 35 and lives with her family. She is a wheelchair user and apart from that she doesn’t have any other disabilities, I am basically just her driver no personal care at all. I drive her (in her car) to her day centre which is a 45-60 min drive to the destination I then drive back home (I live in the next village to hers), have to keep her car, hang around at home for approx 3 hours (of which I don’t get paid) then back again to pick her up and bring her home. I do this two days per week. I believe that I am paid from her PIP payments (but not 100% sure of this). I get paid every 4 weeks bank transfer with her name on the transfer.
I get 12 days holiday per year which starts at the end of January (the month I started the job). This year I had booked some time off in March (Pre Covid lockdown) and some over Christmas (this left me with a weeks annual leave left). During lockdown (in June) they advised me that I needed to take a weeks holiday. I now find myself in a position that I very much need some time off. I have had some personal stresses which are taking their toll on my physical and mental health and really need a week off but a) I don’t get paid sick leave and b) because of the request to take annual leave during lockdown I now only have half a day left. I suppose I could take the time off unpaid but can not really afford that right now.
so, my question really is, could they legally have insisted that I take that week off back in lockdown? If not, would I be unreasonable to request it back? I really am not sure of the laws and would very much appreciate some advise. Thank you.

I think if your employer had asked you to use holiday back in June and agreed, you’re not going to get it back now. Employers have been actively encouraging staff to use leave before lockdown ended in a bid not to let holiday entitlement build up at the end of the year.

An employer can dictate when you need to use your annual leave as long as they give you twice as much notice. So if they told you 2 weeks before the date they wanted you to use your 1 week of annual leave, then they're fine and you agreed anyway so it's over and done with.

Yes, an employer can dictate when you take holiday as long as they give you twice as much notice as the length of holiday you take.

Presumably you actually took it - you weren't working - so how could you get it back now anyway? Were you on furlough?

It also seems odd that you've used up all your leave. You're entitled to 5.6 weeks off. You've taken a week in June at their request, plus 'some' in March and 'some' at Christmas. Does that really add up to 5.6 weeks in total, what you've taken/booked already?

Are you getting pay slips? Is HMRC aware that you are employed by her? Has she sorted out pensions and all that?

12 days a year is correct.

When you said you had a weeks leave left, did you mean you had 7 days left to take? Or 2 days left (a working week for you)?

I didnt clearly read it the first time. When they asked you to take annual leave during lockdown, did they ask you to take 2 separate days off? Using up the last of your leave, or did they ask you to take 7 separate days off, using up the last of your leave?

Yes, your employer can tell you to take annual leave as long as they give you twice as much notice as they're requesting you to take (eg they must give you 2 weeks notice If asking you to take 1 weeks leave).

I'm sorry you're struggling for leave but your employer has done nothing wrong in these circumstances.