UK Employment Law - Does my employer have to carry over or pay for unused holiday entitlement?

My boss just decided that we would no longer be able to carry over holiday from one year to the next. One girl at our firm has five days carried over from last year which she will lose, and six days from this year which she will probably lose. Can the boss do this? Can we just "lose" holiday like this, or do we have to have payment in lieu, or be entitled to carry it over to next year?

It is down to an employer's discretion as to whether they allow holiday to be carried over, however, it is actually unlawful in most cases to be paid in lieu of holiday (http://www.berr.gov.uk/employment/employ...

It does seem a little unfair if your boss has only just made this decision, and it has until now been normal working practice that holiday can be carried over, as it does not leave staff much time to fit holidays in if the company's holiday period runs from January to December. However, a lot of holidays will state that holidays can't be carried over unless special permission is given by a director, and the company could use this as a get out by saying that they hadn't been approached for special permission and as soon as they were they declined.

It would be best to apply for annual leave to use the days up by the end of your holiday year, or, if this is not acceptable to your boss negotiate a date in the new year when carried over holidays must be used by (i.e. end of Feb) and be aware that you can't carry any over next year.

It is at his discretion, It's your fault if you don't use up all your holiday entitlement and he does not have to carry them over to next year by law.

Hi,sorry most companies do not allow you to carry holidays over.I would book the 11 days off.

Yes - your boss is perfectly in his right to stop holiday time from being carried over and does not have to pay you for any days remaining.

Many companies have this policy.

I would advise that you have a chat with your boss about this - if he has only just told you, 1 month left of the year - then this isn't really fair. You could explain to him that you dont want to loose your holiday and therefor would like to book time off before the end of the year.

yes he can they do it all over the place make sure you use your holidays b4 you lose them he cant stop you from taking them as you don't want to lose them

You have to take the holidays or loose the pay - some companies will give you the holiday pay but very few of them - check with acas.co.uk - I have 10 days which I wont get paid for.

as above man sorry

Employers can't just make a sudden change - he can change the rules but not without notice and he cannot take holiday from you which has already been accrued. If you don't have a union go to your nearest Citizen Advice Bureau and they will tell you what to do next.

Some businesses do allow you to carry over, some don't. Unless it's in your contract that you can do this, I'm afraid that what has happened until now is just an informal "perk" and can be stopped at any time.

Do read your contract and conditions of service closely, you might strike lucky!

It will clearly be stated in your contract if this allowed.
It might just be that previously you have been allowed to carry over as a favour/perk, and that you are not actually entitled to it as a right.
My place allows you to carry 5 days over but they must be used by end of feb the next year.

As the others have said. But I would add;
Use up the holiday days rather than loose them. might not be the money, but its better than loosing it all together. x

Its at the company's discretion. The company i work for wont carry over holdiay, if you dont take it you lose it, no pay in lieu or anything.

You can normally only carry over a percentage of your leave like my work i can carry 5 days into next year but any more you can lose.

It is YOUR holiday entitlement, and YOU are responsinble for making sure that you have used up all your annual entitlement.

They are not obliged to carry over any un-used holidays from the previuos year.

She should book the 6 days she has left this year straight away. Just take a week off , right now.

As for the carrying over of last years 5 days, its a bit late and unfair of him to suddenly decide in NOVEMBER that she is going to lose them.

Highly irregular. Is your employer / boss British? I suspect not.

Ask for a copy of your new contract that says "holidays must be taken" and if he can't provide one today, book the days your friend is owed, today, and take the time off. Go get some christmas shopping done.

You may want to get some legal advice on this.

I don't believe your employer can legally make changes to your employment contract without consultation and agreements (being signed and understood) with you. Check to see if your 'entitlement' to carry over holidays is within your employment contract.

Even if this is not within your contract but was verbally agreed it is worth checking on. He may have the legal right to change but only by giving his emplyees equal time to prepare for those changes - i.e. taking any unused holidays before it is enforced.

Depends what you signed up to in your employment contract - what ever is in that is what goes unless its unenfoceable in law but nothing above is unenforceable.