UK employment holiday law/rules?

Question

Hi, i need some advice about holiday rules/law in the UK. We have been given 2012 holiday memo, we work full time (38.5 hours) over 5 days a week. We have been told on the memo that due to a recent European directive that no holidays are allowed to be carried forward into the following year. I have searched google and cannot find information about this directive, what i have found however on my research is that you are allowed 28 holidays and you are allowed by law to carry a max of 8 holidays into the following year. Can someone please confirm what is true about this, thank you, Best answer will be awarded, can you also state your position, IE: Solicitor, etc, so i can get a grasp who are talking sense and who are not. Thank You.

Update:

Devonian,

They have said they won't allow holidays to be worked and cashed in also, what i'm trying to find out is the fact if it is the law that 8 days can be carried forward? or does the boss have the last say on this matter? what actually is the law? can they be carried forward by law or not?

? · Accepted Answer

Hi, you are correct in that legally you are entitled to 28 days paid holiday, but maybe you didn't realise that those 28 days are INCLUSIVE of all bank and pubilic holidays too!

http://www.direct.gov.uk/en/Employment/Employees/Timeoffandholidays/DG_10029788

There is no law that says that employers SHOULD allow you to carry over 8 days of holiday.  In fact it is entirely up to the employer whether or not he wishes to pay cash for any holidays not taken during the company's financial year.

Most companies work to a very tight budget when it comes to salaries as it is the most expensive cost for any business in the UK.  Consequently MOST employers will NOT allow you to cash in or even carry forward your holidays - if you don't take them before the deadline set by your company, you will simply lose them.  This is because the company does not want to incur more payroll costs than what they have budgetted for.

The answer to your question as repeated in the Additional Details is categorically NO - there is no law that states that 8 days can be carried forward - it is entirely up to your company policy on the matter and obviously they are not allowing any carry forward.  Sorry.

Anonymous · Answer

Generally speaking most employers restrict the number of days leave which can be carried forward.   Some employers do not allow ANY days to be carriied forward UNLESS ceretaincircumstances prevent you from doing so.  An example of this being if the end of the 'leave year' was say 31st March and your employer had reason to disallow leave, then he could pay cash in lieu OR carry forward the extra days.
Incidentally the 28 days stated may include ALL public holidays.

Anonymous · Answer

No, it fairly is incorrect. On 1st October 2007 the minimum annual bypass away entitlement is going as much as 4.8 weeks (presently at 4 weeks) yet an corporation will nevertheless be allowed to count quantity financial company holiday journeys in this allocation.

! · Answer

Try the experts! Contact ACAS, the employment law experts, who handle anything to do with employment queries and problems. They will give you free, impartial and confidential advice. Masses of useful info, plus contact details, on their website: www.acas.org.uk or ring them on 08457 47 47 47

Anonymous · Answer

Doesn't sound right.

UK employment holiday law/rules?

5 Answers