Not allowed to take Annual Leave.

[Carlblues7]

Hi there, after some guidance on employment law linked to Annual Leave entitlement.

My Son has been working fot a national retail gaming store since June 2014, employed on a 24 hiur weekly contract (3 days of 8 hours), though averages 40 hours per week.

Due to 1 reason or another (work related), he has not been able to take any of his accumulated leave since joining. The annual leave year is Sept to Aug, so he had worked 3 months to Aug 14 and now Sept 14 to date without having a day's leave or sickness.

A new manager joined 3 weeks ago and my son advised that he wanted to book some leave for the Summer; however he was advised that he could not take any due to othersbooking their holidays and that they would not pay him in lieu of not using his leave. He has calculated that he is entitled to over 4 weeks at present (annually 5.6 weeks).

What is the best cause of action to take to resolve this situation?

He is simply considering going in and stating that he is taking his 4 weeks leave and then resigning.

To rub it in, the new manager is on 2 weeks holiday having only just joining the store from another branch.

Your guidance would be gretaly appreciated.

Regards

Carl

[nemesis45]

Re: Not allowed to take Annual Leave.

Hi Welcome to LB,
Does the company have a Human Resources/Personnel Department this should be the first line of contact after store manager.

nem

[Carlblues7]

Re: Not allowed to take Annual Leave.

Hi Nem,

Thanks for response, I am sure that they have so will get him to speak to HR before deciding on next course of action.

Regards
Carl

[teaboy2]

Re: Not allowed to take Annual Leave.

He needs to put in a formal grievance. Its his statutory right to take annual leave, and the onus is on the employer to ensure all staff are offered the chance to take holidays before the end of the holiday year period. Payment in lieu however is only made to those whose employment has terminated, either by resignation or by dismissal. Though there's nothing to stop and employer form allowing remaining holidays to be added on to the next years entitlement or to make a discretionary payment in lieu, especially in cases where the employee has enacted his right to take annual leave by asking for it, and where said request was refused.

[Carlblues7]

Re: Not allowed to take Annual Leave.

Many thanks for your response Teaboy2.

I will review the information when he gets home from work this eveing.

Regards
Carl

[seduraed]

Re: Not allowed to take Annual Leave.

Get your son to outliline the amount of leave he is owed in a letter to the store manager with some suggested dates. Ask the manager to suggest alternate dates if these are not acceptable. Get him to send a copy of the letter to HR . This way he can show that he has askedfor his lawful entitlement of leave and there is a paper trail .

[Carlblues7]

Re: Not allowed to take Annual Leave.

Many thanks for your response Seduraed.

My Son will follow this guidance as he wants a paper or electronic mail trail.

Regards
Carl