Holiday restriction?

[muffin1973]

Does anyone know is it legal to stipulate (in a contract) the months that can be taken for holiday leave? Just got a contract saying that 'generally' hols should be taken in the summer months and December and January?

 

[Bamhan]

We are asked to take the bulk of our holidays during the summer months. Our leave year runs from April to MArch and they want to avoid people holding onto days and then having people taking weeks off in MArch and being short of staff.
A friend worked for Brown Thomas and she had to take a spring week, two summer weeks and a Winter week.
When they say generally I assume they mean that if you needed to take holidays outside of the desired months for leave that you would be accomodated.

 

[Sherman]

As far as I know, holidays are always at the discretion of the employer - once you get your legal entitlement (or the monetary equivalent) the dates you take them are entirely at the goodwill of your employer. At least that's what I've always believed! Usually any employer I've worked for has been fine unless you want hols slap bang in the middle of the busiest time of the year, and even then they try to accomadate if possible.

 

[redracer]

Hi there, yes Sherman is right that holiday times are up to employers (they do have to take in to account family committments of employees etc). However no employee can be legally paid in lieu of the 4 weeks min holidays.

 

[ClubMan]

However no employee can be legally paid in lieu of the 4 weeks min holidays.

Not strictly true - see :

However you cannot be paid in lieu of leave unless your employment is terminated (see 'Annual Leave and Leaving Employment' below).

...

It is illegal under the Organisation of Working Time Act, 1997 for an employer to pay an allowance in lieu of the minimum statutory holiday entitlement of an employee unless the employment relationship is terminated.