I’ve been in a new job since September, another driver said see you in a week as he was having a week’s holiday.
He asked if I had any booked, no says I. To cut a long story short I’ve been told I have to have 6 days off before Christmas.
Contract states no holidays in December. Can’t carry them over. Did’nt really want any time off and could do with the extra money, but i’ve been told I have to take the 6 days from next Monday as it was against the law to work them and get paid my wage as well as holiday pay. This was’nt the case with my previous employer.
Their going to get an agency driver in to cover my shifts. Im gonna be sat at home and its costing them more money to get agency to cover 6 x night shifts…
Is there any driving hours law about annual rest periods?
Contract states 8 hours pay for each days holiday, Should it not be your average over previous 3 months?
Thanks…
It’s not driving law that covers holidays.
It used to be possible to work holidays and get paid in addition to your holiday pay but since the holiday entitlements changed on 1st April 2009 to a minimum of 5.6 weeks then it is no longer possible. Working them would mean you have less than the legal minimum and the company could be in trouble with regard to employment law. It’s costing them to get an agency driver in but it could cost them a lot more in fines if they let you work them and so didn’t give you your minimum entitlement. A company bears a cost whenever an employee takes a holiday so it is something they will have budgeted for.
There can be an agreement with a company to carry forward into the next year any holiday entitlement over and above the statutory minimum but not days from the 5.6 weeks which is why you are having to take it before the end of the year, or the end of the month as they don’t allow holidays in December.
As far as pay goes if you are contracted to do a certain amount of overtime each week that should be included in your holiday pay but non-contractual overtime isn’t included
STEVECB1300:
I’ve been in a new job since September, another driver said see you in a week as he was having a week’s holiday.
He asked if I had any booked, no says I. To cut a long story short I’ve been told I have to have 6 days off before Christmas.
Contract states no holidays in December. Can’t carry them over. Did’nt really want any time off and could do with the extra money, but i’ve been told I have to take the 6 days from next Monday as it was against the law to work them and get paid my wage as well as holiday pay. This was’nt the case with my previous employer.
Their going to get an agency driver in to cover my shifts. Im gonna be sat at home and its costing them more money to get agency to cover 6 x night shifts…
Is there any driving hours law about annual rest periods?
Contract states 8 hours pay for each days holiday, Should it not be your average over previous 3 months?
Thanks…
Is there any driving hours law about annual rest periods?
No, holidays are covered by the working time regulations.
Contract states 8 hours pay for each days holiday, Should it not be your average over previous 3 months?
If you’ve signed a contract that says 8 hours a day then 8 hours a day it is.
If the holiday year ends in December then you should have your holiday by then and it is illegal to be paid for holidays not taken.
Also if the contract says that holidays can’t be carried over then that’s the way it is I’m afraid, once you’ve signed a contract of employment both you and the employer have to abide by it 
Poor man 
Take the week off and enjoy it and while you are relaxing think of us over here who have to work a full year before getting one week off, then 2 more years before the allowance goes up to 2 weeks.
Hand in your notice and that way you will get paid your holiday pay, then recind it just after the wages have been made up… 
Thanks for the replies…
Looks like im gonna be painting, cleaning, gardening, looking after kids etc…
Rather be at work! Hey ho…
The way I understand it, you are not “required” by WTR to take your holidays. You are “entitled” to take holiday. You’re employer can’t stop you taking holiday (other than which days) but if you choose to not apply for holidays, that’s your prerogative.
So the old “use it or lose it” does still apply.
There are limited reasons allowing carry-over, principally related to sickness.
The amount of holiday pay is related to whether or not you have “normal hours of work” - but your contract can override this.
In your first year (and possibly ongoing) your entitlement accrues at 2.33 days per month giving 28 days, but as the Coffeedude said that’s normally viewed as 4 weeks plus/including 8 BHs. The true position is that from the beginning of September to the end of December would give 9 days entitlement.
I’ve just noticed that your employer has told you that you have to take 6 days from next Monday (28 Nov)
As I said above, they are allowed to specify which days you do or do not take. They must however give you the required notice equal to the amount of time off. You posted this on Wed 23 Nov. They would needed to have told you by Thurs 17 Nov in order to comply. That assumes a normal Mon-Fri 5 day working week.
However, if you’ve only worked there since September, is it really worth kicking off ■■?