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Annual leave- is this legal

  • 18-07-2011 3:47pm
    #1
    Registered Users, Registered Users 2 Posts: 6


    Hi all,

    An employers has introduced a clause about holidays that, if you want to take holidays then you must get your own cover. This can't be from within the company. Which will be very difficult to do as a lot of staff have projects and have key relationships that only they can deal with.

    Is this legal? There is no mention of it in the contract. There is just the regular holiday entitlements information of 20 days.

    It is a small company with limited HR, so I understand it but I have to introduce it and I know it will be looked at very unfavorably.

    I appreciate any help and advice on this.


Comments

  • Registered Users, Registered Users 2 Posts: 9,244 ✭✭✭sdanseo


    If you can't organise cover, you're still entitled to statutory leave. This could only ever be a guidline on WHEN you can take holidays, not if.


  • Registered Users, Registered Users 2 Posts: 68,317 ✭✭✭✭seamus


    sdeire wrote: »
    This could only ever be a guidline on WHEN you can take holidays, not if.
    Correct. Although you could interpret it as, "You may only take holidays when cover is available". :)

    This would fall into the grey area. Strictly speaking it is the employer's responsibility to tell you when to take holidays (and ensure that you take all of your holidays). They could argue that you're free to choose when to take your own holidays provided that you arrange cover for it.

    However it would seem to me that managing staff requirements is not the job of non-HR staff. Getting colleagues to cover for you is one thing. Organising external contractors is another - if it's not part of your job description, there's no reason why you have to do it.

    It would be an offence for your employer to prevent you from taking your statutory 20 days holidays in any calendar year.


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