Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. Do you know if there are others who have actually requested leave for this particular period? Also when is the trip planned for?Please note I am travelling at the moment so may not be able to respond immediately but I am going to have a permanent connection later this evening, thanks
Good evening. There is no legal right to take annual leave during a period of suspension. Whilst you may be kept off work during that period, you are still expected to be available to attend work if necessary, for example for investigatory meetings, to discuss the suspension, and so on.
In fact, under the Working Time Regulations the employer has the legal right to reject an employee’s request for annual leave if necessary so the fact a request for holidays has been made, does not mean it must be grated and the employer does not have to provide a reason for their rejection.
However, it is not all bad news and you could try and argue this under disability regulations. In the legal sense of the word, disability can have a broad meaning and there is no single list of medical conditions that qualify. Instead, to establish whether a person is disabled, they need to show that they meet the legal definition of a ‘disability’.
The Equality Act 2010 defines a disability as a “physical or mental impairment that has a substantial and long-term adverse effect on a person’s ability to carry out normal day-to-day activities”.
I will break this definition down:
If a person satisfies the above criteria, they will be classified as being disabled and will have automatic protection against discrimination, which means that they must not be treated unfavourably because of their disability. In addition, their employer would have a duty to make reasonable adjustments if they are likely to be placed at a substantial disadvantage when compared to non-disabled employees.
So assuming that you meet the criteria for disability, you can argue that it would be a reasonable adjustment to allow you to go on holiday to assist you with your recovery. Their refusal to allow you to do so, assuming that the business will not be impacted, could result in discrimination and you could raise this with them.
the issue is that if you go on leave when you have not been authorised to do so, it could amount to unauthorised absence from work. It could allow the employer to hold the disciplinary in your absence. You may wish to consider being signed ff sick instead because if you are off sick and cannot attend due to that reason you have a better chance of postponing the hearing than if you just went on holiday when you were not allowed to do so
Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? Thanks
Hi, I don't think your full response came through last night?