Employer took holidays

I am making this query on behalf of a friend of mine.

Last December she had 3 1/2 days left to take from her annual leave and when she asked for them, her employer said that since she was behind in a deadline that she wasn't allowed. She asked if she could carry them over and take them in January or another agreed time and she was told that this wasn't possible as it contravened company policy and so as a result she lost the days. The organisation is small with under 10 employees.

Is it legal for the employer to do this? The girl in question is quite young and just let it slide. Also, she had been sick for 1 1/2 days during her 6 month probation period and her employer told her that he could have taken the money from her for this but didn't and hence justified not giving her her holidays that way. This is despite the fact that she had 3 days to take and was only sick for 1.5 days.

Can anyone offer any advice? I think its a pretty crap thing to do (especially since this person is extremely diligent and hard-working even if she was behind in a deadline). To me, it is as if the employer just took money from her.

The employers action is illegal pure and simple.

That's illegal. have a look here...
http://www.citizensinformation.ie/c...ave-and-holidays/annual_leave_public_holidays

Did the company inform her in December that she would lose days, or ask her ro stay at home for 3 days....


If no to both, they have to accept some responsibility for over carrying of days.

HighFlier said:

The employers action is illegal pure and simple.

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Illegal .... on what grounds. If employer has budgeted for a year, and someone decides not to take holidays, is employer forced to give extra holidays next year ??

jambo.ie said:

That's illegal. have a look here...
http://www.citizensinformation.ie/c...ave-and-holidays/annual_leave_public_holidays

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key word is consultation, and circumstances change on a case-by-case basis.

In this case, I believe girl is being harshly treated, and should stand up for herself.

I agree. However she is leaving the organisation soon and doesn't want to risk a bad reference.

crumdub12 - she wasn't informed she would lose her days until she asked for them. that was the first mention of her being sick for 1.5 days coming into it as well.

Is it documented in company literature, if not she has a strong case and should speak to employer on this.

When did she apply for the December leave? Our policy is that if based on deadlines an employee can't take holidays, there is flexibility on carry over policy.

She attempted to take the leave but was refused, as is the Employers right, but in the circumstances where they prevent her from taking the leave then they should be flexible in either paying at year end or carrying over.

If however she applied at the last minute, aware that they were likely to be rejected because of the busy period, then she should shoulder some of the responsibility.

Calico said:

She asked if she could carry them over and take them in January or another agreed time and she was told that this wasn't possible as it contravened company policy and so as a result she lost the days. .

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The Company are within their rights to prevent holiday days from being carried over from one year to the next (the Company I work for also have this policy). They can not, however, prevent the employee from taking these holidays (at a mutually suitable time) before they expire.
Therfore the Company have a case to answer if they denied her her leave.

She is legally entitled to holiday pay regardless of whether holidays are accruable.

Both parties share the blame. She was stupid to look for holidays at such short notice. Her employer was stupid not to carry over or just pay her the days.

Calico said:

I agree. However she is leaving the organisation soon and doesn't want to risk a bad reference.

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I reckon a good reference is worth a lot more than 3.5 days holidays.

Purple said:

She was stupid to look for holidays at such short notice. Her employer was stupid not to carry over or just pay her the days.

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I agree.

Both employer and employee should have been aware in December that AL was due to be taken by the end of that month and discyssed the situation in the light of employment law (my highlights in quote below)

("It is for your employer to decide when annual leave may be taken, but this is subject to a number of conditions. Your employer must take into account your family responsibilities, opportunities for rest and recreation that are available to you and to consult with you (or your union) at least one month before the leave is to be taken. In addition, annual leave should be taken within the appropriate leave year or with your consent, within six months of the relevant leave year. Further holding over (also known as carrying-over) of annual leave at your wish is a matter for agreement between you and your employer. ")