##Employment : Holiday and Sickness

[the_accountant]

I have 2 questions that I would be grateful to have answered. I work for on of the large supermarket chains as a Checkouts Team Leader, this is a part time job whilst at University and I have been employed for the last 2 years. My first question relates to holidays, my family and I regularly i.e. annually, go to Florida for 4 weeks in the summer we usually alternate between going at the beginning of August and the end. I have been told by my line manager that I am not allowed to take for consecutive weeks of paid holiday as if I leave work on my return the company has no way of getting this money back. She went on to inform me that the company stance is employees must take 3 weeks in the summer and 2 weeks in the winter. Not over easter or the weeks leading to Christmas (getting time off for exams has been a battle when they fall in the week before Christmas) Is there any legal merit to this or am I able to take my holiday as I require?

The second question is regarding sickness. Last week I was off work with suspected food poisoning, the symptons lasted approx 48 hours and I returned to work 48 hours following this. My first day back at work was Saturday 9th April, I have worked my usual days of Tuesday and Thursday this week and as yet I have not had a return to work interview. Is there any statutory instrument that gives a time constraint for a return to work to be completed? I am expecting to have a disciplinary over this absence due to having 4 absences in a 12 month period and would like to know about the RTWI so I can bring this up in the disc hearing.

 

Any help that anyone can offer will be gratefully received.

[elche]

Hi accountant, and welcome to CAG.

 

I am afraid I can only answer the first part of your question right now.

 

Unfortunately for you the Working Time Regs actually give an employer considerable power as regards how they arrange statutory holiday entitlement (the 28 days per yr for a 5 day worker).

 

Provided they give you sufficient notice, as it appears they have in your case, then they can control how and when you take your holidays. This power is to some extents strengthened (even though it does not need to be), in your first year of employment as they are allowed to make you accrue holiday entitlement before you take it.

 

As regards the holiday you need to negotiate with your employer, and I am afraid that you do not do this from a position of strength.

 

Hopefully another CAGGER will be along soon as regards point 2. Che is tired.

 

Hope this helps.

 

Che

[mariefab]

Regarding your second question; although it would be considered good practice there's no statutory requirement for a return to work interview to be conducted.

If a RTWI is part of your Company's own policies only you can really decide on the wisdom of bringing up thier failure to conduct one at a disciplinary hearing. It really depends on how seriously the Company takes it's own procedures and how you think they would be likely to respond to the implied criticism

[barney2]

Hi, you need to have a look at your employee handbook with regards to the rtw. Within my company, sounds very similar to yours, the rtw needs completing on or within first shift back. But it is also the colleagues responsibility to ensure this takes place. With regards to the number of absences you need to find out if they drop off after 6 months and whether the correct procedures were followed in the previous one ie an advice and counselling to tell you what would happen on your next absence, this needs to have been documented on your rtw.

[the_accountant]

Thanks all for the advice. Holiday is sorted now, I took the advice of one of my lecturers. He said to take the stance that this is not a holiday request form this is me extending the courtesy of letting you know that I will not be in work on these days. Fortunately, I found out yesterday that I have been accepted to a graduate programme with one of the big four so will be handing my notice in on Tuesday.