Is it legal for a company to deduct holidays from an employee's entitlement if the employee requests to leave due to a change in shift patterns? | LawHive - Solicitors & Lawyers Online
Is it legal for a company to deduct holidays from an employee's entitlement if the employee requests to leave due to a change in shift patterns?
I'm in need of some advice please. I started a job in August 2020 working nights now the company wlare stopping night shifts and are moving everyone to days but I can't do that as I also have a day job. They are aware of my situation and I had no choice but to give my registration. In it I request my acquired holidays be added up as I had used 91 of 154hrs but they have deducted holidays down to 78.5 so I am now over my holiday entitlement and OWE THEM 12.5 hrs!!! Is this even allowed? I would have been more than happy to stay on and continue my job but now they have switched everyone to day shift it isnt feasible for me. Are they allowed to do this? Thank you

Ruth Tanaka

24th April 2022

Top Answer
NQ but a manager so experienced with holidays and Leavers. I’m guessing it runs from jan to jan. Meaning at this point in the year you’ll have accrued only half of the 154 154 / 12 = 12.8 hours a month accrued. So by end of may you would have accrued 64 hours. End of June 76.8 hours. Sounds like they allowed you to take holiday that you haven’t yet accrued but would have if you stayed for the full year. Yes is it allowed. At the point of leaving that 154 yearly entitlement would change and sounds like that is what they have done. It is frustrating but doesn’t sound like they’ve done anything wrong with the holiday allowance. Some companies don’t allow you to take holiday you haven’t yet accrued just to avoid this but most will allow staff to book holidays as long as it’s inside their yearly entitlement. I’m not sure if there’s anything you can do about the moving from nights to days. I won’t comment on that as it would just be my opinion.

Lucille Hudson

24th April 2022

1 upvote

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