Annual leave at work - legal advice

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  • MrSweary
    MrSweary Posts: 1,699
    Very widespread in financial services to reveal fraud and I've seen it work too! Legally, no idea where you stand but without a leg would be my guess.
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  • Subaqua
    Subaqua Posts: 73
    Standard practice in financial services and many other industries as a tool to increase the probability of uncovering staff running fraudulant activity (I've seen this in action too).

    Your employer is likely to have insurance in place against being defrauded by staff. The insurer will probably require your employer to adopt a number of key anti-fraud measures for the policy to remian valid.... a two week break being one of them.

    It should in the staff handbook/guide or whatever. Its obviously up to you how strongly you feel about it, but if you want to remain in a finacnial organisation, you'll probably have to get used to it.
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  • dilemna
    dilemna Posts: 2,187
    So what if you've already used up all your annual leave for the year and your employer pulls this stunt? Do they have to pay you if they tell you to take 2 weeks leave?
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  • desweller
    desweller Posts: 5,175
    Same as Christmas in most places I imagine. I can't take my full entitlement wherever I want; I have to leave some days on the table for Christmas.
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  • Green Brompton
    Green Brompton Posts: 972
    An employer is perfectly entitled to tell you when you can and can't take your holiday, but they must follow certain guidelines. If they're changing your terms of contract without your agreement, you can work under protest, but you have to make it known. If you don't make a fuss then you're deemed to have accepted the changes. That's what I understand.

    My employer, has just changed our holidays to an accrual system, which if you think about it is totally illegal as it means I'd have to take my final holiday after the year... they're Aussies and Americans, a bunch of lawyers no less, but we don't even have a proper contract, which is illegal. What can you do?!
    Why? Because I'm guaranteed a seat all the way in.

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  • Daz555
    Daz555 Posts: 3,976
    dilemna wrote:
    So what if you've already used up all your annual leave for the year and your employer pulls this stunt? Do they have to pay you if they tell you to take 2 weeks leave?
    If they rolled this out mid way through the year then they would just let it slide. You can't take leave you don't have and no company is going to gift someone holiday just so they see if they are bent or not.
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  • desweller
    desweller Posts: 5,175
    Green Brompton wrote:
    My employer, has just changed our holidays to an accrual system, which if you think about it is totally illegal as it means I'd have to take my final holiday after the year...

    Typically this system works in arrears, so as long as you are employed it is assumed that you will be working the period required to accrue the holidays you have booked. If your employment is terminated such that you have taken more holiday than you have accrued, your final pay packet is reduced to make up the shortfall. That's how my employer does it, anyway.
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  • Green Brompton
    Green Brompton Posts: 972
    DesWeller wrote:
    Green Brompton wrote:
    My employer, has just changed our holidays to an accrual system, which if you think about it is totally illegal as it means I'd have to take my final holiday after the year...

    Typically this system works in arrears, so as long as you are employed it is assumed that you will be working the period required to accrue the holidays you have booked. If your employment is terminated such that you have taken more holiday than you have accrued, your final pay packet is reduced to make up the shortfall. That's how my employer does it, anyway.

    That's the way you should do it, yes. They say that's not the case, they want you to earn it before you take it. :roll: Tis ridiculous. I can understand if you've just joined, but I've been here since 2007!
    Why? Because I'm guaranteed a seat all the way in.

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  • patrickf
    patrickf Posts: 536
    Green Brompton wrote:
    DesWeller wrote:
    Green Brompton wrote:
    My employer, has just changed our holidays to an accrual system, which if you think about it is totally illegal as it means I'd have to take my final holiday after the year...

    Typically this system works in arrears, so as long as you are employed it is assumed that you will be working the period required to accrue the holidays you have booked. If your employment is terminated such that you have taken more holiday than you have accrued, your final pay packet is reduced to make up the shortfall. That's how my employer does it, anyway.

    That's the way you should do it, yes. They say that's not the case, they want you to earn it before you take it. :roll: Tis ridiculous. I can understand if you've just joined, but I've been here since 2007!
    My understanding is that's the Aussie way. They won't let you take holiday there until you've accrued enough.
  • markhewitt1978
    markhewitt1978 Posts: 7,614
    Most employers I've been to they do it on a pro-rata basis in the first year. So you effectively get 30/12 days = 2.5 days per month you've worked there, which means obviously you can't take any holidays in the first month. After you've been there a year you can take holiday whenever you like.

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