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Ben Jones
Ben Jones, Solicitor
Category: UK Employment Law
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Experience:  Expert in UK Employment Law
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Employer denies holidays days off, wants to pay them instead

Customer Question

Hi, I have been working in this company for about one and a half year, and last week I gave my one month notice.


 


I am entitled to 10 days of holidays so far this year. Unfortunately my employer doesn’t want to give me those days off and she wants me to work them and get paid for the holidays. Can she do this? She argues that there is a shortage of staff, even though she can hire someone from an agency as the company usually dies.


 

Submitted: 3 years ago.
Category: UK Employment Law
Expert:  atluriram replied 3 years ago.
Sir/madam

The employer's arguments not acceptable. You can claim your entitlement leave as and when leave the job after completing one month notice period.

With regards
atluri ramesh
Expert:  UK-Justice replied 3 years ago.
Thanks for your question. Please remember to click ACCEPT once you get my answer.

No, the employer can not insist on this.

If you have unused holiday you can either take it as leave or get paid for it.

But the employer can NOT force you to do this.

Whats the worse that could happen - you say you are taking it as leave and you do not turn up for work? The employer can not then refuse to pay you.
Customer: replied 3 years ago.
Can I then demand those last 10 days as holiday and not come in to work? and on which legal basis I can demand it from my Employer?
Expert:  UK-Justice replied 3 years ago.
Based on simple contract law.

You are entitled to take holiday and you should be allowed.

Your employer can not refuse.
Expert:  Ben Jones replied 3 years ago.
Hi, unfortunately you can't request to take this time off as holidays, even if you have 10 days left to take. You have the right to request holidays by giving appropriate notice but your employer also has the right to refuse such requests as long as they give you notice equal to the holiday you have requested. However, if your request is refused and you leave with holiday owing, your employer must pay you for that in lieu of holiday.Please press Accept. I can expand my answer and provide more detailed advice and guidance as necessary and also answer any specific questions you may have. Thank you
Customer: replied 3 years ago.
I'm confused. The answers to my question differ. I already spoke to my employer based on what 'atluriram' and 'Law' replied before I got your message... I'm worried now. Could you please expand why can my employer refuse my holiday request if I gave a month notice? Is this not enough time to find cover for the last 10 days of my employment? And also do I have to give a holiday request form together with my notice, I always thought any remaining holidays will be given to me at the end of my notice period as this is how it was with anybody who left this company in past. Thank you
Expert:  Ben Jones replied 3 years ago.
Apologies for the slight delay. The employer's right to refuse holidays is contained within Reg. 15 of the Working Time Regulations 1998 (see here: http://www.legislation.gov.uk/uksi/1998/1833/regulation/15/made). You will see that as long as an employer gives you sufficient notice (at least as long as the holidat to be taken) they can refuse your request.

Please remember to press Accept - I will continue helping as necessary
Ben Jones, Solicitor
Satisfied Customers: 38571
Experience: Expert in UK Employment Law
Ben Jones and 4 other UK Employment Law Specialists are ready to help you
Customer: replied 3 years ago.
Thank you very much for your answer, that's very helpful.
Expert:  Ben Jones replied 3 years ago.
No problem and sorry about the confusion with the other answers

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