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Very Little Helps => Stores => Topic started by: Texas Ted on 10-04-23, 08:22AM

Title: Lost Holiday Not Taken
Post by: Texas Ted on 10-04-23, 08:22AM
My son had a weeks holiday to be taken before end March 2023. They were busy & his manager said he would sort a week off for him but he never did, then the manager went on holiday. He's back now but hasn't said anything about it. My son says it doesn't matter & he's not bothered, but I think he just doesn't want to cause a fuss. I am very angry about it, it seems like they think they can just get away with it. Any suggestions (my son doesn't know I'm posting by the way)?
Title: Re: Lost Holiday Not Taken
Post by: Ashbeck on 10-04-23, 09:54AM
If your son didn't ask his manager and make sure it was booked then it's his own fault he's not taken his full holiday entitlement. Another manager could have dealt with it if his own was on holiday and the end of year deadline was approaching. It's too late now, we're in a new holiday year.
Title: Re: Lost Holiday Not Taken
Post by: Nomad on 10-04-23, 10:20AM
Texas Ted, you must educate your son that everything & anything agreed with a manager MUST be got in writing.
Title: Re: Lost Holiday Not Taken
Post by: 5fdp on 10-04-23, 11:39AM
The mgr should allocate holidays by the end of December if the member of staff hasn't asked for them. He should speak to his mgr and get them now. The mgr can adjust them through the frog system without affecting this year's holidays. It is however, the staff members responsibility to ask for holidays but the mgr should help that process especially if it is a younger member if the team.  You don't lose them as the company would not be following the work life balance that the government wants us all to have. The mgr would also not be termed as 'great for their year end review as they had not cleared they holidays from the system. I'm surprised that was not brought to their attention at the beginning if march.
Title: Re: Lost Holiday Not Taken
Post by: lucgeo on 10-04-23, 11:47AM
@ Texas Ted

I would suggest you advise your son, in the first instance, to speak to the manager and ask what week off he's sorted for him? It could be that the manager can arrange to carry it over, due to him not sorting it out, but If the manager says it's too late then the fault lays with him!
It is a legal requirement that all holiday leave be taken, so by him not having taken his full allowance, then the manager needs to be reminded of that fact!
It's not a case of "snooze you lose" it's a case of bad management...but I'd give the manager a chance first to sort it...if not and your son is a union member, his rep can sort it out within minutes!

5dpf posted same time and they have highlighted the system better than I and more informative.
Title: Re: Lost Holiday Not Taken
Post by: Ashbeck on 10-04-23, 01:55PM
As long as his statutory entitlement is used up then the manager doesn't have to do anything - they're a bit c**p at holiday planning, but the colleague also has a responsibility to book his holidays. You can't carry it forward unless you haven't had the opportunity to use it e.g you were on maternity leave. Not booking it with your manager in time isn't down to not having the opportunity, it's lack of planning on both parts. Use it or lose it is the policy. He hasn't used it so he will have lost it. 
Title: Re: Lost Holiday Not Taken
Post by: NightAndDay on 10-04-23, 01:57PM
With Work and Pay, there should be a holiday accrual section in the software, holidays, the law is that everyone gets at least 5.6 weeks off pro-rata (bank holidays included), previous firms where I worked at they take this sort of thing very seriously as if the company gets found out for not having employees taking their legally required time off, it can cost the company a significant sum of money. This has been an audit in all previous employees I've worked for, a Centralised ERP system like W&P will also hold records of this and flag it up  (unless the manager puts in false information.)

A key difference I suppose between working in a hourly role at Tesco vs salaried role is that you're trusted to put in your own hours in a salaried role therefore this sort of oversight/corruption can't happen.

Additional holidays accrued from length of service not taken (the non-statutory holidays) aren't illegal but it does form part of your employment contract with Tesco, the onus is shifted on you a bit more to ensure you take these additional days off as leave, but if you can't despite best efforts, there is still legal recourse as this would be Tesco breaking the terms of the contract.
Title: Re: Lost Holiday Not Taken
Post by: gomezz on 10-04-23, 02:16PM
My manager has agreed to carry forward one evening off from last month which I had booked but they were scraping the barrel to find drivers so I agreed to work it.  Plan is to book a nominated shift off as Paid Absence.  Actually suits me as it means I get to watch a footy match on TV I would otherwise have missed unless I could have sorted a shift swap,
Title: Re: Lost Holiday Not Taken
Post by: madness on 10-04-23, 02:21PM
You know how hard it is to get employees to book their holiday. no atter how much you remind them or ask them they delay, uhm and ahh and then in March  "hey i havn't had all my holidays" happens every year.
Title: Re: Lost Holiday Not Taken
Post by: gomezz on 10-04-23, 02:24PM
My tactic is to book a week of at or near the end of March which I can then dip into if I need the odd day off earlier in the holiday year.
Title: Re: Lost Holiday Not Taken
Post by: BritishRacingGreen on 10-04-23, 02:54PM
 :thumbup:
Title: Re: Lost Holiday Not Taken
Post by: NorthbyNorthwest on 10-04-23, 04:33PM
To a point I have to agree with Madness. I receive the holiday report at various times of the year to see how many hours some colleagues have left to book. The majority are through sickness or needing to move some/all of a holiday, or an emergency where a holiday couldn't be taken. But there are those colleagues who just don't understand that they will get paid to stay off work! I genuinely don't understand it, and if I was a colleague I'd be all over my holiday entitlement to make sure I got what the company owed me.
Title: Re: Lost Holiday Not Taken
Post by: BritishRacingGreen on 10-04-23, 06:38PM
I book my weeks as soon as the new holiday year starts.I am willing to swap at any time for other colleagues with commitments. A few hours are left plus my personal day, but through tough times, there is always time off to look forward to.
Title: Re: Lost Holiday Not Taken
Post by: Teraza51 on 10-04-23, 10:40PM
I too am having a problem sorting out last years holiday. The situation is I have been off long term sick since August and at the moment we only have a cover manager who is more than useless . Since the end of January I have been trying to sort out getting my remaining hours holiday paid .I have now had to resort to colleague help as I am getting nowhere with the cover manager. Colleague help have said I'm entitled to the holidays to be paid but getting hold of this manager to sort them is a nightmare. It seems he has no interest in our store or the colleague's. I'm suppose to be seeing him on Wednesday to sort this situation however I don't hold out much hope as so far he has been as useful as a wet paper bag . I am now considering putting in a greviance in against this manager.
Title: Re: Lost Holiday Not Taken
Post by: Sherwoodforest on 11-04-23, 06:40AM
@Tereza 51 this is the policy for long term sickness,holiday,says nothing about being paid .Long Term Sickness Absence
If you are on long term sickness absence at the end of the holiday year (31st March) you may be able to carry some untaken holiday over into the new holiday year. The maximum holiday you can carry over is 4 weeks (if you have not taken at least 4 weeks' holiday over the course of the holiday year).

If you have taken at least 4 weeks' holiday you will not be able to carry any holiday over to the new holiday year, and will lose any outstanding holidays left in your holiday balance on 31st March. So, you should still book and take your holiday even whilst you are off sick.

For example: A colleague has 6 weeks' holiday entitlement and they've taken 3 weeks' holiday over the course of the year. On 31st March, 1 week will be carried over to the new holiday year (4 - 3 = 1) but the other 2 weeks will be lost.

This carried over holiday must be used within eighteen months or it will be lost. It may only be taken after the current year's holiday has been used........
Title: Re: Lost Holiday Not Taken
Post by: Redshoes on 11-04-23, 07:53AM
The holiday window for 2024 into 2025 opened on 1st April. The window for the following years opens 1st April every year. The aim is to have 75% of holidays before end of Oct. If we hand more than this over into Nov onwards we end up with not enough space to get holidays in but as we need to take them they become over booked. We need to allow for people having to rebook after being sick during holidays. Then festive temps that we keep need to have hols fitted in. Things can be very tight and then add to that there is little or no overtime to cover for holidays Jan into Feb.
Managing the whole holiday year is key. Not having enough holidays booked before Christmas will have a huge impact to end of years still outstanding. I have been busy chasing holidays for this year. It's like pulling teeth getting some to book holiday. Others know the score and know it's first come first served so get in quickly. I have people booking 2024 into 2025 now.
Title: Re: Lost Holiday Not Taken
Post by: Teraza51 on 11-04-23, 09:34AM
Quote from: Sherwoodforest on 11-04-23, 06:40AM@Tereza 51 this is the policy for long term sickness,holiday,says nothing about being paid .Long Term Sickness Absence
If you are on long term sickness absence at the end of the holiday year (31st March) you may be able to carry some untaken holiday over into the new holiday year. The maximum holiday you can carry over is 4 weeks (if you have not taken at least 4 weeks' holiday over the course of the holiday year).

If you have taken at least 4 weeks' holiday you will not be able to carry any holiday over to the new holiday year, and will lose any outstanding holidays left in your holiday balance on 31st March. So, you should still book and take your holiday even whilst you are off sick.

For example: A colleague has 6 weeks' holiday entitlement and they've taken 3 weeks' holiday over the course of the year. On 31st March, 1 week will be carried over to the new holiday year (4 - 3 = 1) but the other 2 weeks will be lost.

This carried over holiday must be used within eighteen months or it will be lost. It may only be taken after the current year's holiday has been used........
Due to the fact we have no manager and the person who is covering made a mistake on my sickness instead of paying sickness at the end of February they paid me a weeks holiday which colleague help have said that I am now not classed as long term sick so cannot have remaining holidays carried over . Instead they have said to put them through to pay them .
Title: Re: Lost Holiday Not Taken
Post by: Nomad on 11-04-23, 11:04AM
statutory leave entitlement  (https://www.gov.uk/holiday-entitlement-rights)

Any statutory leave entitlement unable to have been taken by reason of illness can be carried over.

Title: Re: Lost Holiday Not Taken
Post by: Sherwoodforest on 11-04-23, 11:43AM
@Tereza51 I'm trying to get my head round, why in January you were trying to get your holidays paid and quoted colleague help, when I posted the policy and no mention of paid holiday entitlement on it, did you have pre booked holiday in February?
Title: Re: Lost Holiday Not Taken
Post by: Teraza51 on 11-04-23, 12:09PM
I knew I wouldn't be back before the end of the holiday year as I had a serious hand injury in January. I spoke to the stand in manager on several occasions to put my holidays through instead of sick he kept saying he would sort it but he never did. So now I have all those holiday hours outstanding
Title: Re: Lost Holiday Not Taken
Post by: Teraza51 on 11-04-23, 12:15PM
Quote from: Nomad on 11-04-23, 11:04AMstatutory leave entitlement  (https://www.gov.uk/holiday-entitlement-rights)

Any statutory leave entitlement unable to have been taken by reason of illness can be carried over.
I have been told by colleague help as I had some holiday pay in February this has stopped and restarted my sick so at the end of March I am no longer long term sick . They have told me that the manager needs to put the remaining holidays through between 6 th March and 31 st March. The case is remaining open until I notify colleague help that the situation is resolved otherwise they will help me .
It's been nothing but hassle and hard work to get anything sorted and that includes other members of store. The whole store is not happy .

I have got a team leader to look on the work and pay system to see if any holidays have been carried over and none have.
Title: Re: Lost Holiday Not Taken
Post by: Sherwoodforest on 12-04-23, 06:45AM
@Tereza51 so have you not actually returned off sick as of the 31st march then?
Title: Re: Lost Holiday Not Taken
Post by: Redshoes on 12-04-23, 08:31AM
I think there is confusion between what you are asking and what has been processed. I don't think a team leader can see that you have had holidays moved forward, if they can I think there is a privacy issue.
I have a colleague who is on long term sick. I contacted her and told her I would have to move her to sick whilst on holiday so we could process the holidays before the end of March. Once the holidays were used up she went back to normal long term sick.
Title: Re: Lost Holiday Not Taken
Post by: Nomad on 12-04-23, 11:00AM
Off sick and on holiday at the same time, thought that was a no-no.
Title: Re: Lost Holiday Not Taken
Post by: Teraza51 on 12-04-23, 02:56PM
Quote from: Redshoes on 12-04-23, 08:31AMI think there is confusion between what you are asking and what has been processed. I don't think a team leader can see that you have had holidays moved forward, if they can I think there is a privacy issue.
I have a colleague who is on long term sick. I contacted her and told her I would have to move her to sick whilst on holiday so we could process the holidays before the end of March. Once the holidays were used up she went back to normal long term sick.
As I work in an express the work and pay system is allocated to a couple of people including myself and we r able to see if any holidays have been carried over .
I have now managed to get my outstanding holidays put on system and waiting to see if they get paid on the next pay period
Title: Re: Lost Holiday Not Taken
Post by: Teraza51 on 12-04-23, 03:00PM
Quote from: Nomad on 12-04-23, 11:00AMOff sick and on holiday at the same time, thought that was a no-no.
You are able to take holidays while on long term sick if it will not affect your health. If you look on colleague help this is what it tells you . Unfortunately not all managers are trained fully on work and pay . My stand in manager didn't know you could book holidays when off sick I had to go to colleague help to get my situation resolved
Title: Re: Lost Holiday Not Taken
Post by: Nomad on 12-04-23, 03:35PM
But it is the employee who decides, not the MM.

They can only change you from off sick to on holiday with your consent, as they maybe trying to avoid the carrying over of statutory holiday entitlement.
Title: Re: Lost Holiday Not Taken
Post by: NightAndDay on 12-04-23, 06:27PM
Your holiday is not taken if you're off sick when on holiday (provided this has been processed and explained properly).

Long term sick is a bit different as it may be preferable for the employee to use holiday days and receive at least contracted pay rather than governments statutory sick pay, which in the vast majority of cases would be less money.
Title: Re: Lost Holiday Not Taken
Post by: Sherwoodforest on 12-04-23, 06:38PM
Moral of the story,book your holidays for the year in one go from april,if your unable to work but able to take holiday then there pre booked,you just have to phone to say fit to take them,Your holidays are your responsibility,
Title: Re: Lost Holiday Not Taken
Post by: Cbatt566 on 12-04-23, 07:04PM
Not a legal requirement. However what is a legal requirement is for Tesco to provide them holidays. If you choose not to take them or book them then it's the employees fault. 
Quote from: lucgeo on 10-04-23, 11:47AM@ Texas Ted

I would suggest you advise your son, in the first instance, to speak to the manager and ask what week off he's sorted for him? It could be that the manager can arrange to carry it over, due to him not sorting it out, but If the manager says it's too late then the fault lays with him!
It is a legal requirement that all holiday leave be taken, so by him not having taken his full allowance, then the manager needs to be reminded of that fact!
It's not a case of "snooze you lose" it's a case of bad management...but I'd give the manager a chance first to sort it...if not and your son is a union member, his rep can sort it out within minutes!

5dpf posted same time and they have highlighted the system better than I and more informative.

Title: Re: Lost Holiday Not Taken
Post by: Teraza51 on 12-04-23, 09:13PM
Quote from: Sherwoodforest on 12-04-23, 06:45AM@Tereza51 so have you not actually returned off sick as of the 31st march then?
I'm still off sick until at least 30 th April
Title: Re: Lost Holiday Not Taken
Post by: Sherwoodforest on 12-04-23, 11:53PM
@Tereza51 i understand your frustration as its money at the end of the day,but could you not of gone into work at any point to sort it out earlier,its very easy to blame someone for your own holiday planning
Title: Re: Lost Holiday Not Taken
Post by: Redshoes on 13-04-23, 07:56AM
Quote from: Nomad on 12-04-23, 11:00AMOff sick and on holiday at the same time, thought that was a no-no.

There is a sick on holiday option now, in W&P stores. I have used this for end of year hols for long term sick.
Title: Re: Lost Holiday Not Taken
Post by: Nomad on 13-04-23, 10:03AM
Is that at the behest of the employee or your decision ?
Title: Re: Lost Holiday Not Taken
Post by: Teraza51 on 13-04-23, 12:26PM
Quote from: Sherwoodforest on 12-04-23, 11:53PM@Tereza51 i understand your frustration as its money at the end of the day,but could you not of gone into work at any point to sort it out earlier,its very easy to blame someone for your own holiday planning
As I said on my original feed I have been trying to get this sorted since end of January when I knew I wouldn't be back in time to use the holidays . This situation is not mine or the stand in managers fault as he is running two shops till they get us a manager I tried numerous times but had to resort to colleague help to get it sorted

So this situation is not my fault as I had trouble pinning down the temp manager to sort this out and he was not very helpful as he had issues more pressing in his shop.
Title: Re: Lost Holiday Not Taken
Post by: londoner83 on 14-04-23, 06:06AM
The holiday window opens in April each year for the following year's holiday and the guidance is you should have booked 75% of your entitlement by the time the window shuts and the actual holiday period starts.

If you have done this and are querying the remaining 25% of leave you haven't booked or taken whilst you were long term sick raise a grievance to recover it.

If you have in excess of 25% of your holiday allowance outstanding then you must shoulder some of the blame for it not being given.
Title: Re: Lost Holiday Not Taken
Post by: Redshoes on 14-04-23, 07:40AM
Quote from: Nomad on 13-04-23, 10:03AMIs that at the behest of the employee or your decision ?

Going behind peoples backs is not my style. I had a phone conversation with colleague. Backed it up in writing and then set in place.
Title: Re: Lost Holiday Not Taken
Post by: Nomad on 14-04-23, 11:22AM
Redshoes, just asked a question to which I did not get an answer.

Rephrase: who made the final decision or was it truly mutual ?
Title: Re: Lost Holiday Not Taken
Post by: Redshoes on 15-04-23, 10:39PM
Colleague gave full agreement. Thanked me for talking things through with her. Was more concerned that I'm leaving the business, cried, was worried about new manager. It's difficult for someone who is off with severe mental health issues, I feel bad for her but I have done what I can for if she is ever well enough to come back to work.
Granted it's difficult to know if colleague fully grasped the situation regarding sick when on holiday, but made the choice. I did the best I could. I asked advice, I involved the union. I kept it open and above board. I gave colleague time to think. End result was that colleague was happy, best I could do.
Yes, she has been through OH. She has been through OH several times in the past. She was reluctant at first due to previous OH company. I asked but did not push. This was her choice too. It's was her mum that wanted her to go through OH, she wanted to come back to work and her Mum did not want her to.  OH have said she is not well enough to attend work just now and is having follow up appointments with her.
For this colleague the holidays are a minor side issue. She has run out of sick pay. I am not an expert on benefits. I have never claimed any, I have paid 44 years of national insurance. I do however know she has qualified for a special benefit. The details of that I'm unsure about other than she gets more money due to her severe condition.
Will she ever come back to work, I don't think so. She has however been very ill in the past and recovered. This time is just worse and for a longer period of time. She may well become one of the very few that gets ill health early retirement. It's not my choice. I am doing my bit to document and do everything I can to give her support and if after this she can't come back we have all done what we can. We have to jump through hoops to get early retirement, and they won't even talk about it until all avenues to support you back into the business are exhausted.
I am planning to stay in touch with her beyond my time with the company. I have visited her in hospital. I have visited her at home. I have taken her on days out when I am on days off. I am emotionally invested. I would never, ever do anything that was not in her best interests. I have a plan in place for if she is able to come back to work but at this moment in time I can't see that happening. She does however deserve the chance to try and I hope she makes it.
Title: Re: Lost Holiday Not Taken
Post by: Nomad on 17-04-23, 05:15PM
Thank you for reply.
Title: Re: Lost Holiday Not Taken
Post by: viperr on 24-04-23, 08:21PM
You can not loose any day of your holiday. You can claim for your holidays up to 6 years back.
Title: Re: Lost Holiday Not Taken
Post by: Raven on 27-04-23, 01:49PM
Viperr, is that a Tesco policy or employment law policy?

I only ask as I joined Tesco Nov 2020 as a Christmas temp and accrued holiday which I didn't use as I was told temps would be paid for their holidays when their contract was terminated... which mine wasn't, I ended up with a permanent contract in May 2021 after the new holiday year had started and my holiday accrued had been lost. I was so annoyed, as I had been working 5 or 6 day weeks on a one day contract so my holidays were each worth a decent amount (I think I only accrued a couple of days but could have had 2 weeks off paid) but was essentially told that I should have used them and it was my fault (although one of the managers at that point had put remaining holiday allowances in for the permanent staff so that theirs was all used).
Title: Re: Lost Holiday Not Taken
Post by: terra on 27-04-23, 09:27PM
Employment law, although in theory the U.K. holidays are on a use it or lose it basis, in reality the company would have to prove that they had made every effort to get you to take them. EU protection on holidays only covers the statutory 20 days holiday, bank holiday are only a U.K. entitlement. If the manager won't sort it out file a grievance
Title: Re: Lost Holiday Not Taken
Post by: Sherwoodforest on 27-04-23, 10:04PM
@terra we are not in eu,uk law states your entitlement is 5.6 wks minimum which is upto employer whether that includes bhol or not,as for upto 6 years claim back,you,d have to provide a link for that as i cant see anything online,plus im sure its in your contract and terms to manage your own entitlement
Title: Re: Lost Holiday Not Taken
Post by: oldfashionedplayer on 27-04-23, 10:17PM
Aye they cover themselves by saying it's employees responsibility, though they still need to give the 5.6 weeks anymore is lost if not used.