We wish understanding annual leave was just as easy as booking the destination getaways, but sadly it is something even someone working 40-years on the job still struggles with getting right. Whether it be knowing what you are entitled to, knowing your rights around your holidays, or making the most of the days you have, we have some tips for you.
Know Your Rights
Before you can wish all your hours away, do you know how many you are entitled to? Legally, in the U.K., there is a minimum amount of paid annual leave hours you are entitled to. 5.6 weeks is the standard for any full-time employee.
But when you are a part-time employee, like 55% of all pubs, bar, and nightclub workers, this becomes a lot harder to figure out. The first, and most important, thing to do is to check your contract!
If that leaves you with questions, try the official holiday entitlement calculator: https://www.gov.uk/calculate-your-holiday-entitlement
Depending on your place of work, you may have statutory holidays. These designated days off (like New Year’s Day or Christmas) might be included within your overall annual leave allowance or treated separately. If it is not stated in your contract, ask your employer about their policies around statutory holidays.
There is no statutory right to extra pay – for example, time and a half or double time pay – when an employee works on a bank holiday. Any right to extra pay depends on the terms of the employee’s contract of employment.
Going Over
Sometimes, planned leave requests can unintentionally exceed your remaining annual allowance. If you find yourself in this situation, the best course of action is to have an open and honest conversation with your manager as soon as possible.
Explain the situation clearly, outlining the mistake and your pre-booked holiday. Be proactive in offering solutions – would it be possible to adjust your remaining leave days or work a few extra hours to compensate for the additional time off?
In most cases, with clear communication and a genuine effort to find a resolution, employers are understanding, especially if your booked holiday is non-refundable or involves pre-paid travel arrangements. They may be able to work with you to find a way to accommodate your pre-booked time off while ensuring fairness within the team and adherence to company policy.
Can Your Employer Cancel Your Dream Getaway?
You have booked your holiday, and it has been approved but then you have the dreaded talk with your employer, “We’re low on staff, so I’m you have to work on x date.” So, what do you do? We would hope it was a simple mistake, and just by letting your employer know would make this awkward interaction go away, but what if it isn’t? Can they cancel it?
The short answer, no. The legal landscape generally protects employees from cancellation of pre-approved annual leave. Pub jobs can be quite busy during certain times, so there might be a few exceptional circumstances where your employer might ask you to cancel annual leave:
- Unforeseen surge in business: This could be due to a sudden local event, like a festival or sporting fixture, which brings in a much bigger crowd than usual. If the pub is already short-staffed, they might need everyone on deck to handle the unexpected rush.
- Staff illness outbreak: If there is a sudden outbreak of illness amongst the staff scheduled to work during your leave period, it can leave the pub dangerously understaffed. In this situation, they might ask you to come in to help ensure smooth operations.
Health and safety emergencies: Unforeseen emergencies like a burst pipe, fire alarm issues, or problems with equipment crucial for operation (like refrigeration) might need all hands-on deck to resolve the situation before reopening.
It is important to note that employers cannot just cancel your leave without good reason or proper notice. There should be open communication, and ideally, they will try to find alternative solutions first, like asking someone to swap shifts or offering you compensation for coming in during your leave.
Here are some things you can do if your employer asks you to cancel leave:
- Ask for details: Find out the specific reason they need you and see if there is any wiggle room (like working a shorter shift).
- Check your contract: Your employment contract should outline the process for cancelling annual leave. See what notice period they are required to give.
- Negotiate: If you are willing to come in, see if you can negotiate some kind of compensation, like extra pay or an alternative day off in exchange for cancelling your leave.
Remember, communication is key. Talk to your employer and see if you can find a solution that works for both of you.
Top 3 Takeaways
- Know the hours you are entitled to: Knowing the limit you have can keep you on track.
- Be open and honest: Whether you’ve gone over, or you’ve been asked to come in, be as open and honest about what you can and can’t do.
- Have solutions: Always come prepared with a back-up plan. You never know what can happen.
