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Holiday entitlements- legal standing?

  • 17-09-2013 3:42pm
    #1
    traxam
    Banned (with Prison Access) Posts: 10 ✭


    Hi,

    I've got about 15 days holidays to take. (I work full time). The owner has changed the shop policy and I am only allowed take holidays when covered by another specific member of staff. (Up until then I had the option of a 3rd party locum).
    This makes no sense as there is no way the other member will be free to cover these days as he is already working between two other stores and has his own holidays to take before year end.

    An e-mail was sent out a few months ago saying holidays could not be carried over into next year. At present I am trying to get the other person to just cover random days here and there to use up my holidays.

    If, come year end, I still have holiday days that I did not get the chance to use..what are my legal entitlements?

    Note: I have been working full time with the company for 3.5 years but have no current contract (I've requested one on several occasions).

    Thanks


Comments

  • #2
    tatli_lokma
    Registered Users, Registered Users 2 Posts: 3,332 ✭✭✭tatli_lokma


    As set out in the organisation of working time act, the legal minimum statutory leave which must be given is 20 days for a full time worker. This is not negotiable. If your employer does not facilitate you taking these holidays, they cannot force you to forfeit them, nor can they pay you out for them. They have a legal obligation to make sure you get sufficient rest and recuperation in a year and this means 20 days leave. If you don't take all the leave they can allow you to carry the leave over into the next year or they can insist that you take it by x date, but they can't just scrap them.

    If your contract allows for any days extra to the statutory minimum, they can insist that you forfeit the extra, but as already said statutory minimum is exactly that - statutory, no exceptions

    Perhaps phone workplace relations and get confirmation from them as to your next step if your employer is trying to take away your statutory rights.


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