Lost Holiday Not Taken

[Teraza51]

Off 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

[Nomad]

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.

[NightAndDay]

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.

[Sherwoodforest]

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,

[Cbatt566]

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. 

@ 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.

[Teraza51]

@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

[Sherwoodforest]

@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

[Redshoes]

Off 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.

[Nomad]

Is that at the behest of the employee or your decision ?

[Teraza51]

@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.

[londoner83]

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.

[Redshoes]

Is 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.

[Nomad]

Redshoes, just asked a question to which I did not get an answer.

Rephrase: who made the final decision or was it truly mutual ?

[Redshoes]

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.

[Nomad]

Thank you for reply.

[viperr]

You can not loose any day of your holiday. You can claim for your holidays up to 6 years back.

[Raven]

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).

[terra]

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

[Sherwoodforest]

@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

[oldfashionedplayer]

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.