Rolling Holidays into next year!!!!!!

[slipperycoconut1987]

Hi, Would somebody be able give me a little advice, there are one or two people in my office who are having problems with Holidays, Our manager seems to basing his budget on us rolling holidays over to the next financial year, some people who are buying holidays and some of the older boys who are entitled to maximum holidays aren't getting them or being asked/told if they want to have them the following year because there isn't any weeks left in this years budget for them to have them. This happened last year and certain members of staff have up to 10 weeks to pick this year!! they are concerned about rolling some over to next year as well now in case they never get them!!! Does anyone know where i can get in writing some info on this, thanks!!!!!!

[clashcityrocker]

Only 5 days should be carried over into the next year.
It's in The Way Forward agreement.

[welshy808]

Firstly was their full leave picked/allocated for this year or are they day's accrued through Bank Holidays, Leave whilst on sick etc.

If their full allocation of leave was not picked/allocated, why not?

If they've worked allocated weeks to help out as happens in lots of offices then it's the DOMs problem and he should sort it. put a grievance in and never do him a favour again.
It sounds as if it's not only outside the agreement but could fall foul of the Working Time Regulations, or be construed as unlawful deduction from wages if people are paying for leave that they are then stopped from taking for no other reasons than a budget.

Good Luck


The section Clashcityrocker is referring to is on page 20 of The Way Forward Agreement

Carrying leave into another year

Annual leave should generally be taken in the year that it is due, and the business expects all employees to have at least four weeks away from work every year. However up to one week (or 5 odd days) may be carried over into the next leave year, and up to five days may be anticipated during the last month of the previous leave year. Transfer of leave in excess of these limits requires written permission from the line manager, except that leave that cannot be taken due to sick leave may be allowed in the following year. Where this is granted and would reduce the annual leave taken in a particular leave year to less than four weeks, the individual must also confirm in writing that they are willing to voluntarily forgo their statutory leave entitlement under the Working Time Regulations 1998.

[lala]

Is it still 5 days if you are on a wally week? Or can you carry an extra to give a full week?

[UnhappyGremlin]

Is it still 5 days if you are on a wally week? Or can you carry an extra to give a full week?

I believe it's 5 days max.
But, it would be sensible for wally week duty staff for 6 days to go over.

It should also be noted that whilst the way forward states 5 days, you can carry over more with special dispensation granted. (It's happened in my office anyway).

As for the OP, why doesn't everyone just fill out a grievance form and send them off?
It would get sorted.
No one should have that amount of leave built up, unless it is for special circumstances.
E.G. If a person has been on long term sick, they are entitled to all their leave back, and so may accumulate a large allowance.
In the normal course of things, no one should take more than 7 weeks in any one year.

[slipperycoconut1987]

in one group all employees have been there for so long they are entitled to 6 weeks each, So if he turns round to them and says they cant have all our weeks because there is no room left in the budget to accommodate them he's wrong???

[UnhappyGremlin]

in one group all employees have been there for so long they are entitled to 6 weeks each, So if he turns round to them and says they cant have all our weeks because there is no room left in the budget to accommodate them he's wrong???

Yes he is.
You are entitled to take all your leave in the year it is due.

Ask for this decision in writing. They won't give it.
Go above their heads if they persist.

His/her budget is not your problem.
Nor is it an acceptable excuse for refusing you leave.

Give them a chance to sort it, a coup[le of weeks, but if they don't, file a grievance.
Send it to their boss, keep the Rep informed, and pursue it.

[biscuit1957]

You cannot lose holidays by law,if you have more than the 5 days rolling over into next year, it must be honoured, or you must be paid them
you cannot lose holidays that you have earned