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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 44957
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I was refused extended leave of absence( 8 days) to allow me

Customer Question

I was refused extended leave of absence( 8 days) to allow me to attend sick relative.
I raised a grievance against this decision I am awaiting outcome have I got a case
to pursue this otherwise I will have to retire do not want to at this stage I only work part time I have been employed for 9 years.
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is Ben and it is my pleasure to assist you with your question today. Was this relative a dependant of yours?

JACUSTOMER-ydq92bwq- :

no

Ben Jones :

Unfortunately the employer does not appear to have acted unlawfully here. There is no automatic right to take annual leave and the employer has the legal right to reject any request for annual leave as long as they give you the appropriate notice specified in law. To request leave you need to legally give your employer at least twice as long notice as the holidays to be taken, in your case 16 days' notice. To legally reject your request the employer must give you at least the same notice as the length of the holidays, in this case 8 days'. If you did not give them the required notice they can reject your request immediately.

The only time you could have argued to be released on extended leave, which would have been unpaid, is if you were taking time off to look after dependants. This only applies in emergencies where you are required to look after someone who is your dependant. However, as this person was not your dependant this right does not apply in your case.

Ben Jones :

Please let me know if this has answered your query or if you need me to clarify anything else for you in relation to this?

JACUSTOMER-ydq92bwq- :

I requested this arrangement beginning of July I am not going on holiday until 19th AUGUST Manager indicated at time of origianal

JACUSTOMER-ydq92bwq- :

request that she could see : no problem:

Ben Jones :

ok but was it formally granted at the time?

JACUSTOMER-ydq92bwq- :

no

Ben Jones :

that is the issue - until it is formally granted the employer reserves their right to reject the request as long as they give you the required notice as stated above - this is their legal right under the Working Time Regulations

Ben Jones :

I'm sorry if this is not necessarily the answer you wanted to hear but I hope you understand I have a duty to explain the law as it actually stands and sometimes this does mean delivering bad news. Please let me know if you need me to clarify anything.

Ben Jones :

and if you need independent confirmation of this please see here:

http://www.xperthr.co.uk/faqs/topics/4,32/holiday-and-holiday-pay.aspx?articleid=67025#67025

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