Holiday entitlement miscalculation

By : Forum Member
Published 24th September 2017 |
Read latest comment - 8th October 2017

So I have the difficult task of having a discussion with an employee over a miscalculation of her holiday entitlement.

After bank holidays and the Christmas break, our staff are left with 20 days to take when they choose.  

This particular employee is notorious for constantly swapping and changing her holidays and I think in all the confusion, I've miscalculated what she had left. So if she continues to take all the days off, in addition to what she's already had, she will have taken a total of 24 days this year. 4 days more than her entitlement.

My plan was to explain this to her and advise that she either needs to cancel 4 days holiday OR she is free to take the days booked, but have 4 days pay deducted (as we appreciate she may have made plans on those days authorised). 

She's not the easiest person to deal with, she does a lot of reading and is quick to express employee rights. So my question is do I have the right to give her those 2 options OR can she argue that it's our fault, so she is entitled to take the days and be paid?

If it was just one day, I would probably just give all the other staff an extra day off to make things easier and fair. But we're a very small company, so 4 days means we lose approx £300 for time off she's not entitle to. 

Any advice would be appreciated! 

 

 


Thanks,
GTD01
Comments

Welcome aboard, what an interesting question!

I can only offer advice as an employer and from experience, versus being legally correct, but I tend to fined common sense can settle most issues. Few people genuinely want to go down the road of a tribunal.

The employees holiday entitlement will be written in black and white in their employment contract. As long as this conforms to the minimum legal entitlement, then I would put the responsibility of keeping track on holiday days on the employee. The company will obviously keep records, but this is primarily to manage resource as well as keeping track of employees entitlement.

If it was me, I would go in and have a 1-1 with her and explain your options, ie cancel 4 days, or if not possible, explain you are willing to allow authorised absence but it will be unpaid.

If she starts banging on about employee rights, then refer her to her contract and stated holiday entitlement. Depends how valuable an employee she is to you, and how she values her job. If she wants to start raising legal arguments, then that's hardly going to generate a friendly team atmosphere. 

Plan B, if she's very belligerent and you think the situation is going south, then accept it's your cock up, put stricter holiday controls in place then manage her out of the company as soon as possible  

If you are genuinely worried, the ACAS site is a good place to start: ACAS - Holidays


Steve Richardson
Gaffer of My Local Services
My Local Services | Me on LinkedIn

We have had this exact dilemma at my work ..Well Me to be exact ..I went on a New Zealand holiday and then went to SA for the rest. I accidentally book a day more than I should have, so had the choice of a a days wage being deducted or working the extra time .. I took the latter and worked a Saturday. ......Now there was a colleague at work who has now left ,but she too had taken all her holiday and as she left before the year she is suppose to pay back those extra days she took   


Thanks,
Andy-C | Pewter World

I think you should be looking into the employment contract and the employment policies of your company. They usually outline the holiday entitlement and the overpayment procedures. If you're going to talk to the employee, you may be able to solve the issue by discussing it and offering different solutions.

I would, however, strongly recommend reading up on your current policies to see which ways out of the problem are at the table currently.

Let us know if you have any further questions!


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