Organisation of working time act -holidays

Jamesy002

Hi,

My company is a large bank in Ireland and are attempting to get all staff in our department to take full hols within 2020 and not carry any to 2021. This is due to business needs and the fact our department are so quite at the moment.
I have carried 5 days for each of the last 3 yrs and therefore have taken my 2 week block and have taken 20 days this year
The company policy is 5 days can be carried ,anymore than 5 needs department sign off .
My question is
1.) Can this company policy just be overturned for my Department
2.) Given that the Act requires employers to take into consideration an employee's opportunity for rest and recreation and to attention family needs , could I argue that due to level 5 Covid restrictions these needs or not been met

Thanks ,

Alan

Lenar3556

It is at the discretion of an employer when and how holidays are to be taken. You could make the argument you propose, but I don’t think it would carry much weight. It the employer was trying to enforce holidays between the hours of 2pm - 4pm every day, it is the likes of this that would not meet the test of allowing reasonable rest that you refer.

An employer disallowing holidays be carried to a new annual leave year at a time when business is particularly quiet, would not generally be an unreasonable position for them to take.

You could make arguments in relation to previous custom and practise of carrying days, or more strongly that the company has a written policy providing for it - but there would be little or no statutory basis to preclude what they are proposing.

GerardKeating

Jamesy002 wrote: »

Can this company policy just be overturned for my Department

I assume your employer has written terms and conditions in relation to annual leave, and this must mention if you are allowed to carry over leave or not.

When you read it, i reckon it will state that such an option (if it is allowed) is at the companies discression.

Jamesy002

It states "you MAY carry 5 days once used within 1st 6 months of the next year (in line with legislation). No where does it state this is at company discretion and in fact goes on to state anything over 5 days needs to be approved by manager in department

Jamesy002

Lenar3556 wrote: »

It is at the discretion of an employer when and how holidays are to be taken. You could make the argument you propose, but I don’t think it would carry much weight. It the employer was trying to enforce holidays between the hours of 2pm - 4pm every day, it is the likes of this that would not meet the test of allowing reasonable rest that you refer.

An employer disallowing holidays be carried to a new annual leave year at a time when business is particularly quiet, would not generally be an unreasonable position for them to take.

You could make arguments in relation to previous custom and practise of carrying days, or more strongly that the company has a written policy providing for it - but there would be little or no statutory basis to preclude what they are proposing.

Thank you for the reply