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Original poster

Do I have a right to take leave?

12 replies

nordica · 19/03/2022 12:51

I work for a small company, in a small team where all the others are on a p/t contract and only do a couple of shifts a week. I manage the team and work 5 days a week. However the role we do is something that can't just not be done on a daily basis so I can't go away for a week and catch up on my return. Imagine something like a waiter in a restaurant or a sales assistant in a shop - it's not either of those but is similarly important to the running of the business.

I'm finding it almost impossible to take my annual leave and bank holidays because no one in my team is willing to cover. 😕

Do I have a legal right to take my annual leave even if it leaves the company in a difficult position with no one to cover a business-critical task? I feel like I'm personally responsible as the team manager but I can't make the other people on my team to take on extra shifts they don't want either.

OP posts:

LIZS · 19/03/2022 12:53

Do they get to take leave? Who covers then? You need a system such that essentials are covered while you are off.

Streamingbannersofdawn · 19/03/2022 12:55

The company should have a system for covering your absence. A situation where someone can never be off isn't sustainable. What if you are ill? What would they do then? Do that.

insancerre · 19/03/2022 12:57

You need a deputy, somebody to step up when you’re not there. This should be your managers responsibility to sort out.
And yes, annual leave is a legal entitlement

ChessieFL · 19/03/2022 13:00

Yes, you have the right to take leave - you are entitled to 5.6 weeks paid holiday each year (which includes bank holidays) and your employer must ensure you are able to take it.

You don’t, however, have the right to demand when you take it - if they wanted to your company could tell you when throughout the year they want you to take it.

ChicCroissant · 19/03/2022 13:52

That must be really frustrating for you, OP. Rather than looking at the team you manage, is there a manager or a full-timer above you that could take over your duties while you are away?

I've recently discovered the importance of having a reliable 'deputy' in work when our team was hit by unexpected illness, luckily for us the managers stepped in to cover!

GinPalace2 · 19/03/2022 23:59

It is your employers responsibility to ensure you can take your statutory leave each year. However, you need to stand up for yourself.

Give notice that you would like to take statutory leave between x and y. If they refuse ask them to state dates when you can take your statutory leave.

WRT cover, as pp have suggested your manager needs to cover or arrange cover. A deputy is a good idea.

Original poster

nordica · 20/03/2022 16:43

Thanks everyone. Unfortunately my manager is the CEO and they definitely don't have time to cover when I'm away 😕

Maybe I have a team problem and not an employer problem... when someone is ill it seems others are happy to help but somehow me wanting a week off is not seen the same way by my team. Part of the problem is that we are too small and don't have enough work for more people to work 5 days a week every week. It just wouldn't be financially viable. Most of the time it's fine, it's only a problem when I want time off.

I'm flexible about when I take my holiday but some dates like Bank Holidays of course fall on specific days. Everyone else works fewer than 5 days a week so they only get time off pro rata.

OP posts:

Ilikewinter · 20/03/2022 16:49

This isnt a team issue, its your managers issue. Whilst your happily (or not!) going along with it then nothing will change. Take your holidays, you are entitled to them

Blossom64265 · 20/03/2022 16:51

It’s an employer problem, not a team problem. Your employer has chosen to have a staff or people who work a few shifts instead of having at least a couple of people who are available consistently. People who work part-time often do so by choice because they don’t want or can’t work more hours.

flowery · 20/03/2022 17:51

Absolutely you have the right to take leave and it is not your team’s problem, it’s your boss’s problem. If he/she doesn’t have time to cover when you’re away, that’s a problem for them to solve, and it needs solving.

I would sit down firmly and say you want to book your leave for the year, you’re quite happy to be flexible to a degree about when you take it, but it needs putting in the diary so that CEO has time to plan how to cover.

flowery · 20/03/2022 17:52

Don’t phrase it as “can I take some leave”, phrase it as “when can I take my leave”.

Magenta82 · 20/03/2022 18:00

Do you not have a deputy? Part of management is succession and contingency planning, there needs to be someone trained to cover you. If you got hit by a bus or won the lottery and quit your job they would be screwed.

Someone needs training to cover you and there needs to be some kind of inducement to make it worth their while, a promotion and/or pay rise. Your CEO needs to make sure this happens.

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