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Being forced to carry 1 day over.
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Rumple
- Posts: 429
- Joined: 20 Nov 2013, 10:45
- Gender: Male
Being forced to carry 1 day over.
I have 1 day holiday left and my Dom insists it must be carried over as it can't be fitted in. Is this right? I want to take my ENTITLEMENT
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IloveMYredTROLLEY!
- EX ROYAL MAIL
- Posts: 1923
- Joined: 02 Apr 2010, 06:54
- Gender: Male
Re: Being forced to carry 1 day over.
Only 1 day? We have many OPGs with over one week unbooked and there are apparently no more free slots for the year!
Neither is right, we should all be able to book our leave.
I don't believe for one second that each depot works on the assumption that every single OPG can have 6 weeks holiday per year (either through long service and/or POAL), so they exclude Xmas pressure weeks and then calculate "x" number of OPGs need to be able to take leave each week.
Edit: What I'm getting at, is there are so many vacancies that are not being filled so OPGs are being begged to come in on their day off, depots simply do not really have appropriate levels of holiday cover any longer.
Neither is right, we should all be able to book our leave.
I don't believe for one second that each depot works on the assumption that every single OPG can have 6 weeks holiday per year (either through long service and/or POAL), so they exclude Xmas pressure weeks and then calculate "x" number of OPGs need to be able to take leave each week.
Edit: What I'm getting at, is there are so many vacancies that are not being filled so OPGs are being begged to come in on their day off, depots simply do not really have appropriate levels of holiday cover any longer.
Last edited by IloveMYredTROLLEY! on 31 Jan 2015, 06:14, edited 1 time in total.
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IcanthelpthewayIam
- Posts: 4067
- Joined: 26 May 2009, 13:37
- Gender: Male
Re: Being forced to carry 1 day over.
When did you first ask to use this day up?
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gargoyle900
- Posts: 6
- Joined: 13 May 2011, 12:58
- Gender: Male
Re: Being forced to carry 1 day over.
Feel free to use this example as a template.......
Delivery office manager
Xxx delivery office
08/01/2014
Ref: Complaint over annual leave allocation April 2013 to March 2014
Dear Sir
Please accept my apologies in bringing this matter to your attention, but I feel a more formal approach is now needed off the record. It has become apparent that it is now an impossibility for me to book my statutory annual leave entitlement due to operational needs. This approach I believe is in contravention of my contract of employment and the express terms enclosed within that contract.
Statutory provision dictates that the employer does not have to agree to a particular leave request, but the employer must allow you to take your holiday at some stage before the annual leave year expires. A full time employee is entitled to a statutory minimum of 28 days leave a year. Part time workers receive a pro-rata entitlement. The Working Time Regulations, specific regulation 13(1) guarantees this right.
The way Forward agreement stipulates that a maximum of 5 days entitlement may be carried over by mutual agreement. Paid holiday entitlement is not a bonus granted by an employer, it is a legal entitlement to a break from the working environment. I have always stated that I am prepared to give adequate notice on my leave request, but this has also been declined.
I need to bring to the attention of the business that an employee can bring a claim to the Employment Tribunal Service under Regulation 30(a) that they have been refused the right to exercise their entitlement to annual leave under Regulation 13 and/or 13A.
This letter is an informal request as to an explanation as to why my request for statutory annual leave entitlement has been declined. As this is a statutory right, commercial or operational considerations do not apply in refusing that right. If the reasons given are reasonable and in accordance with English law, I will be more than happy to discuss this matter further for mutual benefit.
I respectfully request a meeting within 7 days of receipt to clarify the points raised.
Yours respectfully
Delivery office manager
Xxx delivery office
08/01/2014
Ref: Complaint over annual leave allocation April 2013 to March 2014
Dear Sir
Please accept my apologies in bringing this matter to your attention, but I feel a more formal approach is now needed off the record. It has become apparent that it is now an impossibility for me to book my statutory annual leave entitlement due to operational needs. This approach I believe is in contravention of my contract of employment and the express terms enclosed within that contract.
Statutory provision dictates that the employer does not have to agree to a particular leave request, but the employer must allow you to take your holiday at some stage before the annual leave year expires. A full time employee is entitled to a statutory minimum of 28 days leave a year. Part time workers receive a pro-rata entitlement. The Working Time Regulations, specific regulation 13(1) guarantees this right.
The way Forward agreement stipulates that a maximum of 5 days entitlement may be carried over by mutual agreement. Paid holiday entitlement is not a bonus granted by an employer, it is a legal entitlement to a break from the working environment. I have always stated that I am prepared to give adequate notice on my leave request, but this has also been declined.
I need to bring to the attention of the business that an employee can bring a claim to the Employment Tribunal Service under Regulation 30(a) that they have been refused the right to exercise their entitlement to annual leave under Regulation 13 and/or 13A.
This letter is an informal request as to an explanation as to why my request for statutory annual leave entitlement has been declined. As this is a statutory right, commercial or operational considerations do not apply in refusing that right. If the reasons given are reasonable and in accordance with English law, I will be more than happy to discuss this matter further for mutual benefit.
I respectfully request a meeting within 7 days of receipt to clarify the points raised.
Yours respectfully
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Rumple
- Posts: 429
- Joined: 20 Nov 2013, 10:45
- Gender: Male
Re: Being forced to carry 1 day over.
Beginning of Jan.zx135 wrote:When did you first ask to use this day up?
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knackeredneedadayoff
- Posts: 342
- Joined: 05 Nov 2009, 18:19
- Gender: Male
Re: Being forced to carry 1 day over.
They owe me 11 days and there are others with up to a month of holidays owing in our office,the dom says he has up to 5 years to get give them back
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masterblaster
- Posts: 285
- Joined: 10 Sep 2010, 20:12
- Gender: Male
Re: Being forced to carry 1 day over.
Tell Mr Dick head dom -
You have a legal right to 28 days holiday, as do all full time workers in the UK.
If it could be argued that this is in fact a lieu day, then yes they may ask you to carry it over - BUT in that circumstance, that day can then be taken ANY DAY the following year.
You have a legal right to 28 days holiday, as do all full time workers in the UK.
If it could be argued that this is in fact a lieu day, then yes they may ask you to carry it over - BUT in that circumstance, that day can then be taken ANY DAY the following year.
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hellpop
- Posts: 62
- Joined: 13 Nov 2011, 15:32
- Gender: Male
Re: Being forced to carry 1 day over.
i have put in 7 requests since last august and all refused .have just put in 2 days for march but have spoken to union rep who says they cannot keep refusing me. if they refuse my 8th request he will intervene.i have 13 days holiday outstanding and a lot of these are from the management keep giving me bank holidays as my days off as i am a 30 hr man.
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DGP1
- Posts: 15551
- Joined: 07 Jun 2007, 20:39
- Gender: Male
- Location: Terminus
Re: Being forced to carry 1 day over.
I have 6 weeks left over, can't get it and I'm not the worst in the office.
Anyway, as long as RM is giving you the legal amount (and they are if you have only 1 day left over) then there is little you can do about it, just put it onto to next year, you'll eventually get it.
Anyway, as long as RM is giving you the legal amount (and they are if you have only 1 day left over) then there is little you can do about it, just put it onto to next year, you'll eventually get it.
I'm preparing myself for the zombie invasion, rule number 1 - Cardio
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postypie
- Posts: 435
- Joined: 18 Mar 2012, 19:37
- Gender: Male
Re: Being forced to carry 1 day over.
Coming from a different angle...I am owed several weeks holiday entitlement but due to the cancer treatment I am receiving now and no doubt in the future I fear losing some if not most of my entitlement so basically I want to know what I can carry over or will I lose several weeks entitlement due to being off for cancer treatment if not taken in time?
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clashcityrocker
- Posts: 16652
- Joined: 22 Sep 2009, 13:50
- Gender: Male
- Location: strummerville
Re: Being forced to carry 1 day over.
You will not lose any of your holiday entitlement.postypie wrote:Coming from a different angle...I am owed several weeks holiday entitlement but due to the cancer treatment I am receiving now and no doubt in the future I fear losing some if not most of my entitlement so basically I want to know what I can carry over or will I lose several weeks entitlement due to being off for cancer treatment if not taken in time?
You can roll over as much as you want due to sickness.
The societies of consumption and squandering of material resources are incompatible with the idea of economic growth and a clean planet.
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rjack
- Posts: 98
- Joined: 26 Nov 2010, 09:42
- Gender: Male
- Location: wales
Re: Being forced to carry 1 day over.
Some on here are saying 28 days holiday a year I've been a postie for 18 years and have been told I'm only entitled to 26 days, anybody now how much are we to get please.
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TrueBlueTerrier
- FORUM ADMINISTRATOR
- Posts: 72698
- Joined: 30 Dec 2006, 10:29
- Gender: Male
- Location: On my couch
Re: Being forced to carry 1 day over.
rjack wrote:Some on here are saying 28 days holiday a year I've been a postie for 18 years and have been told I'm only entitled to 26 days, anybody now how much are we to get please.
no you have misunderstood the minimum statutory requirement is 28 days but this CAN include Bank Holidays - so if you get 26 days then add the 8 days for Bank Holidays - you are getting 34 days in total - well above the statutory minimum.
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