Holiday Pay

Certa Cito

Hello,

I’d like some advice if possible. I have worked for my employer for the last 4 years with no formal employment contract (despite our constant requests for a contract). Each year, I’ve had holiday left over; so I’ve carried over 5 days (as is my entitlement) and been paid for balance of days left over. I have email and pay records showing that I’ve been entitled to holiday pay in lieu for the last few years.
This year however, my employer is telling me now that I’m not entitled to holiday pay in lieu. I’ve only been told now though in 2009, and had no prior notice to that effect. I was due 18 days holiday (5 of which should have been carried over), and had I known that we weren’t entitled to the pay in lieu, then I would have taken that leave throughout 2008.

Can my employer retrospectively change the “terms” of my employment like this without consultation with me?

eth0_

You can't 'carry over' holiday days to the next year - usually you have to use them all up by January at the latest.

So unfortunately you won't get that holiday pay. Next job you have, make sure you take your hols!

Steo46

You should contact the department of Enterprise trade Employment. They will be able to tell you you what entitlements you have.

tomcollins97

Steo46 wrote: »

You should contact the department of Enterprise trade Employment. They will be able to tell you you what entitlements you have.

Why do you carry forward 5 days every year? Is this not the same as using all your holidays eavey year??! Sound odd to me.

Unless your employer has stopped you taking your holidays he is within his rights to make you forfeit them.

Check out Citizens info http://www.citizensinformation.ie/categories/employment/employment-rights-and-conditions/leave-and-holidays/annual_leave_public_holidays

"It is for your employer to decide when annual leave may be taken, but this is subject to a number of conditions. Your employer must take into account your family responsibilities, opportunities for rest and recreation that are available to you and to consult with you (or your union) at least one month before the leave is to be taken. In addition, annual leave should be taken within the appropriate leave year or with your consent, within 6 months of the relevant leave year. Further holding over (also known as carrying-over) of annual leave at your wish is a matter for agreement between you and your employer. "

MagicMarker

Any job i've had we've been told any carried over holidays are to be used by the end of January.

Most people take them over xmas/new year.

Certa Cito

I've always carried 5 days over because I could, and that it'll give me the option to take extended holidays one year, but I never used it.
The thing that gets me is that there's a history of the company paying me holiday pay in lieu, and because of that I've chosen not to take much holiday this year and just be paid it at the end of the year. If they told me last year that they weren't going to continue paying holiday pay, then I would just have taken it during the year and be done with it.
Like I said, I don't have a contract with the company I work for, just an email saying they'll pay leftover holiday pay and a history of payslips showing backpay for holidays. Would that be enough for me to formally appeal against having this pay taken away from me?

Nody

eth0_ wrote: »

You can't 'carry over' holiday days to the next year - usually you have to use them all up by January at the latest.

So unfortunately you won't get that holiday pay. Next job you have, make sure you take your hols!

tomcollins97 wrote: »

Unless your employer has stopped you taking your holidays he is within his rights to make you forfeit them.

Actually you can carry over the holidays left to next year for the first six months and I've highlighted the important part here in regards to responsability (i.e. it is the employer who's in trouble if this is not done properly).

What if an employee does not take holidays within the leave year?
The holidays must be given to the employee within the leave year or,
with the employee’s consent, within 6 months of the following leave
year. It is the responsibility of the employer to ensure that the
employee takes his/her full statutory leave allocation within the
appropriate period. Employees may, with the consent of the
employer, carry over holidays in excess of statutory minimum leave
to a following leave year.

On top of that having your holidays paid of is illegal unless you leave the company* (once again it is the employer who has to ensure that you take your 20 days of holidays).

Can an employer pay an employee in lieu of holidays?
It is illegal to pay an allowance in lieu of the minimum statutory
holiday entitlement of an employee unless the employment
relationship is terminated.

Qoutes from here

In short to the OP, print this out the pdf and take it back to your manager. Your holidays can not be called null and void and you have the right to take them. If they have paid you for the first 20 days of holidays that is another breach of employmeng rights. If they still refuse your holidays I would discuss with a solicitor if you can back up your claim as this appears to be a blatant disregard for the law (yes, I've had to deal with the above as a manager before in regards to holidays outstanding at the end of the year).

* this only applies for the first 20 days of holiday every year