I have four days holiday to use by the end of the year but can't take them. Can I make my boss let me carry them over?
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Humbug: RP is unlikely to be able to take their remaining leave before the end of the year
I have four days of holiday remaining and two lieu days to use up before the end of the year.
I doubt I will get the chance to use them because we are so busy in the office and I know my employer is not keen to let me carry them over to next year's allowance.
I am unsure if my boss is legally bound to allow me to carry them over or whether I will just have to accept them as lost days. Also, if I do lose them, can I ask for the money instead?
RP, London
Richard Isham, employment lawyer and partner at Wedlake Bell, says: Currently workers are entitled to 5.6 weeks' statutory annual leave.
Four weeks of this entitlement must be taken within the holiday year which it accrues and workers do not have the right to carry over any unused element of this four week entitlement.
It is possible though for employers and workers to agree to carry over any part of the remaining 1.6 weeks into the next holiday year.
However, in the absence of any provision in your employment contract permitting carry forward, leave not taken is simply lost.
There are exceptions to this rule, for example case law suggests that in certain circumstances, employees who have been absent due to maternity or long-term sickness can carry over unused statutory holiday to the next leave year. However, on the information provided, these exceptions do not appear to apply to you.
Further, you will not be entitled to be paid for any leave that is not taken. Workers are only entitled to a payment in lieu of unused holiday on termination of the employment contract.
The first thing to do is to check your employment contract to see if there is a provision allowing you to carry leave over into the next year.
If your contract has no such provision, talk to your employer and ask to take your leave before the end of the year.
Your employer could be in breach of the Working Time Regulations if he does not allow you to take your leave, so this may give you a better bargaining position when seeking his agreement to carry over.
Accordingly, the best approach would be to negotiate with your employer, for example suggest carrying your holiday over now if it is busy in the office, but agree to use it by the end of January 2014.
It is possible to bring a claim before an Employment Tribunal for refusal to allow annual leave; however, the new Tribunal fees, of £160 issue fee and £230 hearing fee for this type of claim, might make it uneconomic for you.
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Did your employer indicate in advance during the year that time off wouldn't be sanctioned near xmas? If not, you should book it if you can't carry it over, they shouldn't just say you can't have the time off at the last minute.
At my work they split the annual leave up so you can have a couple of weeks every few months, rather than 6 weeks at any time in the year. If you haven't booked enough leave in time they slot you in anywhere so you still get a few extra days off if you haven't booked a holiday. And the last few months of the financial year always have the smallest annual leave allowance so if there is any leave not taken, it can be used up in time. Saves a lot of trouble.
It is a disgrace if a company cannot allow you to take your holiday then they should pay you for it, if you choose not to take it then that's a different story.
Companies by and large don't give a hoot about their employees welfare. They haven't given a decent raise or bonus in years while their directors and senior managers have looked after themselves with raises, bonuses, stock options, early retirement etc. Employees are not in a position to dictate to these companies unless you have some exceptional qualifications or skills, you merely risk your job by sticking to your guns. Because of the behavior of most companies, less and less loyalty exists.
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Diana, Tonbridge, 7 months ago
I used to take 5 days , 3 days hol and 2 days off every 2 months it suited me and them! Sometimes employers are inflexible, tough times stick to the rules tho.