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Original poster

Losing my leave

92 replies

mumof2wife · 27/01/2025 22:12

Should I be bothered ?

Started a new job 6m ago. Love it.
Large organization. Love the work. Best job I've had. But they don't care about their staff at all and people always leaving - we are just numbers and figures so it's not a job for life but for now.

The annual leave policy is use or lose. Which is fine. In over 20 odd years of working I've never lost leave. Always managed to use or carry over but they don't do that.

However been trying to take the last 2 poxy days since DECEMBER! Keeps getting rejected. Time after time so today I talk to the manager to see if they can help me find days I can take who says

'Use it or lose it
Its policy
Sends link to policy
Please don't message anymore basically but in a nicer way! All through teams chat
We all wfh.

I've asked if we can try and sort out as I have been trying and I don't want to lose 2 days but I got the same response
And 'now I know for 2025 book it all up in one go'

To be fair it IS policy and it is clear
But surely use or lose should be for people not trying to request?

It's wound me up today and normally things don't bother me
It's 2 days I know not much
But also that's 2 days work where I could be at home with my children

I also got there are others who have also made the same mistake

When I spoke to my colleges they just said they don't really care about the staff

No employment rights I know so just thought I'd get others opinions

Thanks for reading x

OP posts:
AlisonDonut · 04/02/2025 17:58

Hi.

Legally employers have to allow you to take your annual leave, it is a statutory right and if they have operational issues that stop people from taking it, then they need to hire more people.

ACAS will be well used to this trick and I'm sure will assist in the legal argument.

Original poster
mumof2wife · 04/02/2025 19:40

AlisonDonut · 04/02/2025 17:58

Hi.

Legally employers have to allow you to take your annual leave, it is a statutory right and if they have operational issues that stop people from taking it, then they need to hire more people.

ACAS will be well used to this trick and I'm sure will assist in the legal argument.

Thank you I'm surprised as their email could be opening them up to being unfair unless as I've been there under 2 years I don't have employment rights but I'll definitely give them a call

OP posts:
Negroany · 04/02/2025 20:06

mumof2wife · 04/02/2025 19:40

Thank you I'm surprised as their email could be opening them up to being unfair unless as I've been there under 2 years I don't have employment rights but I'll definitely give them a call

Show quote history

You DO have employment rights, I wish you would stop saying that.

You have a legal right to the statutory minimum holiday. And you cannot be dismissed (fairly) for asserting this right. Any dismissal linked to this would be automatically unfair. That is a day one right.

Original poster
mumof2wife · 04/02/2025 20:09

@Negroany well considering their email they clearly don't care do they?!

They are point blank refusing and for an organization that's bend going for 66 years I fail to believe I'm the only one that has ever questioned it
My colleagues tell me this happens all the time (people getting refused )

OP posts:
Original poster
mumof2wife · 04/02/2025 20:36

And also people leaving.....constant recruitment and very high staff turn over

OP posts:
Negroany · 04/02/2025 23:18

mumof2wife · 04/02/2025 20:09

@Negroany well considering their email they clearly don't care do they?!

They are point blank refusing and for an organization that's bend going for 66 years I fail to believe I'm the only one that has ever questioned it
My colleagues tell me this happens all the time (people getting refused )

I'm not sure what them caring has to do with it. Anyway, you can bring a tribunal claim against them while still employed.

Yeah, I'm really not surprised they have high turnover. I bet the turnover in the HR team is massive too. Imagine having to send shit emails like that to people!

Original poster
mumof2wife · 05/02/2025 08:10

I was just pointing out they don't care...,

I'm on the phone waiting for Acas...2 min wait
I start at 9am so would like to know how to move forward

Do I 1/ do what HR have said
Speak to my manager ( reluctant to as I have already done this hence my email to them so feel this is a brush off

2/ reply with email saying I've already done this and can i confirm they are refusing to help as 'there is nothing else that can be done' and 'HR can have no input on this'

Or another option?

Thanks

OP posts:
Original poster
mumof2wife · 05/02/2025 08:38

Spoke to ACAS - very helpful

Options are to now raise a grievance (she's sending me a template)

Confirmed everything I've already been told here 😊

Then potentially it can go to an employment tribunal but not until after 31st march when my leave year finishes however she says if I write a grievance with a few sentences saying what I would want for a resolution (to take my leave beforehand ) then it wouldn't have to go to one then that's up to them

I'm doing it today

OP posts:
TTCagain85 · 05/02/2025 09:18

I would advise to print / forward a copy of any communications before raising a grievance so they don't mysteriously dissappear. Good luck, and hopefully this will help many more colleagues

BingoDingoDog · 05/02/2025 09:24

That's a good update. I've been feeling mad about this on your behalf.

Original poster
mumof2wife · 05/02/2025 11:07

TTCagain85 · 05/02/2025 09:18

I would advise to print / forward a copy of any communications before raising a grievance so they don't mysteriously dissappear. Good luck, and hopefully this will help many more colleagues

Good advice considering this was all over teams 😏

I'll take my time with it but I'm definitely sending it and yes hopefully it will help others

Thanks everyone !

OP posts:
ByQuaintAzureWasp · 05/02/2025 12:28

mumof2wife · 28/01/2025 13:04

That all the leave is now used as I've left it too short notice I'll get the actual wording later - it's ridiculous

Show quote history

How much notice did you give? You legally had to give a minimm of 4 days.
Thus is all down to HR not having legally sound policies. I think the Union need to be told and they need to deal with it as something that potentially affects every employee.

Original poster
mumof2wife · 05/02/2025 12:30

I started requesting my leave in December 24, into January but everything was getting declined so 8 weeks notice and then maybe 6 weeks notice for some days - but that's far too late for them to authorize so they say....

OP posts:
Original poster
mumof2wife · 05/02/2025 12:30

I'm not with a union unfortunately

OP posts:
ByQuaintAzureWasp · 05/02/2025 12:36

mumof2wife · 05/02/2025 12:30

I started requesting my leave in December 24, into January but everything was getting declined so 8 weeks notice and then maybe 6 weeks notice for some days - but that's far too late for them to authorize so they say....

Needs to be double notice to leave requested. So if you asked for 10 days you've to give 20 days minimum..

I'm just worried they might just sack you. It's alright everybody saying you've got statutory rights (yes, you have) but at the end of the day the reality of it us if they sack you it will take you well over 12 months to get to tribunal then you will get a pittance. The union should be dealing with this, as HR clearly haven't got a clue what they are doing. It's an easy win for the union, should be able to get it sorted out very quickly. Can you pass it over to them to deal with?

MrsPinkCock · 05/02/2025 12:39

You’ve given them plenty of notice so they should be allowing you to take it.

Is the holiday the statutory 28 days (inc bank holidays) or is it additional contractual holiday? If it’s additional contractual leave then you won’t have the same statutory protection.

Original poster
mumof2wife · 05/02/2025 12:42

@ByQuaintAzureWasp I don't think they will sack me but I think what they will do is make things difficult which is what they have done to others

I've applied for other jobs today and I think I'm just going to leave

My performance is outstanding on that side of things so I don't think they will be able to just sack me without good reason but I'm part time and only have to go in the office every now and then it's mainly wfh so I'll just keep my head done (luckily love the work ) and just look for a new job

My issue is that my holiday for this year I cannot request until 1st April and we go in May so I'm going to have the same problem!!

I asked when I started if I could take leave but they said I had to wait for next leave allocation ( that's another issue don't get me started !)

My husband thinks I should just f* it off for 1.75 days as he thinks it's too much bother

A lot of work and time / emails and like you say waiting for tribunal
Which is after the time when I want my annual leave !

OP posts:
Original poster
mumof2wife · 05/02/2025 12:44

MrsPinkCock · 05/02/2025 12:39

You’ve given them plenty of notice so they should be allowing you to take it.

Is the holiday the statutory 28 days (inc bank holidays) or is it additional contractual holiday? If it’s additional contractual leave then you won’t have the same statutory protection.

Stat leave and I'm part time so it's just adjusted around my hours

OP posts:
ByQuaintAzureWasp · 05/02/2025 12:59

mumof2wife · 05/02/2025 12:42

@ByQuaintAzureWasp I don't think they will sack me but I think what they will do is make things difficult which is what they have done to others

I've applied for other jobs today and I think I'm just going to leave

My performance is outstanding on that side of things so I don't think they will be able to just sack me without good reason but I'm part time and only have to go in the office every now and then it's mainly wfh so I'll just keep my head done (luckily love the work ) and just look for a new job

My issue is that my holiday for this year I cannot request until 1st April and we go in May so I'm going to have the same problem!!

I asked when I started if I could take leave but they said I had to wait for next leave allocation ( that's another issue don't get me started !)

My husband thinks I should just f* it off for 1.75 days as he thinks it's too much bother

A lot of work and time / emails and like you say waiting for tribunal
Which is after the time when I want my annual leave !

If you enjoy the work and you can work from home it's ridiculous to have to give the job up because the employer is acting illegally.

Is there a recognised union?

Original poster
mumof2wife · 05/02/2025 13:11

Yes Unison but I've just called
Them and you need to be with them at least 4 weeks before I can raise an issue so that's not helpful to me for
This unfortunately

OP posts:
ByQuaintAzureWasp · 05/02/2025 13:37

mumof2wife · 05/02/2025 13:11

Yes Unison but I've just called
Them and you need to be with them at least 4 weeks before I can raise an issue so that's not helpful to me for
This unfortunately

I am amazed that UNISON haven't sorted this out - its not about you, its about statutory employmentt rights being ignored when it comes to policy. I was HR and UNISON was one of the unions.

Negroany · 05/02/2025 21:34

ByQuaintAzureWasp · 05/02/2025 13:37

I am amazed that UNISON haven't sorted this out - its not about you, its about statutory employmentt rights being ignored when it comes to policy. I was HR and UNISON was one of the unions.

Show quote history

They can only sort it out if there is a recognition agreement. But, if there is, yes it's a bit odd they've not addressed this. Maybe union members get treated better and get their leave approved so it never gets raised with the union!

Original poster
mumof2wife · 05/02/2025 22:17

@ByQuaintAzureWasp

Well my leave is certainly about me
What I mean is if they won't help me then it's not my fault they haven't sorted it before

I've decided I can't be bothered to take it further
It's not worth my time for 1.75 days
Maybe anyone that has had the same issue in the 66 years they've been going maybe just gave up too
Who knows but i don't really care anymore
I'm putting it it bed and I'll carry on with my work as I do enjoy the work and I get on well with my team leader and have top performance
This job was never long term anyway so who knows what will happen

OP posts:
Dumbles · 05/02/2025 22:18

Oh no! I thought the grievance was a great idea. I would definitely go down that route. However, if you don’t absolutely call in sick/take bereavement leave at the least convenient time.

burnoutbabe · 05/02/2025 22:40

If you leave before 31st March they'd have to pay unused holiday out anyway.