Can Employers Insist On Paying For Certain Days Annual Leave.

[RATTER15]

Just a curiosity really?

I work 4 or more days a week every week, I then book AL. for 3 weeks. my employes are saying that I will be paid for the full 21 days and those 21 days will be deducted from my holiday entitlement, even though only 12 of those days were actually working days.

can they legally do that?

In our contract it only mentions the amount of AL we are entitled to and how much notice we must give etc.

[EDDIE51]

Then just book the 12 days you work as leave.

[RATTER15]

EDDIE, it doesnt work like that! that is my point. The annual leave is calculated from your last day of work to the first day you return, regardless of your normal days off or days worked.

[razza]

Well it should,look at your contract.

[RATTER15]

Like I said, the contract doesnt mention that, it just tells us about holiday entitlement, not that they will take our days off and give them back as paid holidays.

[hc4361]

No, they can't. They can only count your normal working days, not your normal days off.

[tamborine]

You are entitlef to full holiday pay while employed.

".....Employment rights. All employees have rights, whether they are full or part-time, casual or temporary, including:holiday pay, protection from discrimination....."

http://www.hmrc.gov.uk/working/intro/casual.htm#1

[Maydup]

You know Ratter, its sound like someone in the payroll dept is struggling with the complexity of the working time directive.

If you work variable hours your holiday must be calculated on an average of your recent earnings to the value of the 3 weeks. Days off don't come into it. Ask them to sit with you and explain their methodology.

[RATTER15]

Tambo, we are all full time, that is not the issue. The issue is that they want us to take our normal days off as holiday. We shouldnt need to use our holiday up on our normal days off.

For example: if you work an 8-5 monday to friday and then you take two weeks off, you would expect to be paid 10 days holiday pay and have those days off deducted from your annual days off. Where we would lose 12 days as they would take the weekend as holiday also, they would pay us for it but that isnt the point, we want those days off and take those days when we want them!

[RATTER15]

maydup, refer to my answer above.

[Old_Geezer]

Just to say that from a personal opinion point of view that seems a ludicrous suggestion. Even though I find laws can be crazy, even I can't believe they have that right. One can only take leave from work on days you are normally working, otherwise it isn't leave from work. Or maybe it's not been communicated to you well and they aren't trying to pull that one. It may be some kind of what to pay calculation that's not doing what it seems to be.

I await further expert advice with interest but reiterate I can not believe this is permissible as stated.

[Cloverjo]

Ratter, I was going to make the same point as in your post at 10:52, but I am no expert.
What you say makes sense. Is there anyone higher up in the company you can go to? This doesn't sound right.

[tamborine]

No, they cant your unworked days in lieu of holiday entitlement. Ring HMRC.

[tamborine]

#'Cant take'

[RATTER15]

The company I work for is a very large charity that has just bought the residential home where I work. It seems a little strange that such a large charity would be working illegally' I'm sure it can happen though!

[factor-fiction]

I'm not sure HMRC would want to get involved in queries like this, tamborine.

[RATTER15]

Thanks all! If need be, I will get confirmation from acas. We are having a staff meeting with directors on Monday, maybe we will get more information then.

[tamborine]

Hmrc are v. Helpful & best for employment law.

[factor-fiction]

What would happen if instead of booking two weeks off you just book Monday to Friday off for two consecutive weeks and make it clear you will not be taking the weekends as holiday.
Are weekends sometimes working days? Can you be called to work on a weekend day?

[factor-fiction]

Okay, thanks tamborine. After all these years it.s news to me. Do you have a link to details of the service please?

[RATTER15]

FF, yes we do work one day every weekend and yes we can be called in at weekends. I don't really think that weekends are a factor in this, its more about days off rather than "what" days we have off, it shouldn't make any difference should it?