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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46183
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I booked my Holiday before my New employment strateegia, i

Resolved Question:

I booked my Holiday before my New employment strateegia, i passed my probation period. Employer asked me to proovide proof that Holiday was booked before and deposit was paid. I asked organisatsion i booked Holiday with to issue me confirmation. Sport organisatsion naised in Estonia issued me confirmation where was specified date of booking , dates of Holiday, place and aknolegment of deposit i paid. My employer states that not a sufficiant proof and asked me produse a bank statement (which i am not willing to produse )to proof that imade financial commitment Can actually
employer ask for such proof ? What kind of proof can be obtained by employer?
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. Has your holiday actually been granted by the employer?

Customer: On. Employer refuse to approve Holiday untill i Will proovide financial pfoof
Ben Jones :

ok let me get my response ready please

Customer: Ok
Customer: Are you stiill here ?
Ben Jones :

yes

Customer: How long can it take to get response?
Ben Jones :

not long just a few mins

Ben Jones :

Your employer has a legal right to reject your request for holidays by giving you a specified length of notice. The notice must be at least as long as the holiday you want to take (for example you want to take 10 days holiday – the employer can refuse your request if they tell you of that at least 10 days before the holiday is due to be taken). They do not need to provide any reasons for their decision.


 


When deciding on whether to grant your request, the employer can ask for whatever evidence they need. That could also include bank statements if they really wanted to. You cannot be forced to provide these if you did not want to, but at the same time the employer does not have to grant your holiday request if they do not want to and if they believe the evidence they have is not sufficient.


 


If they want a bank statement then you may wish to consider providing one, but you can also blank out any other transactions or personal information such as account numbers and balances.

Customer: What III payment has Ben made by Cash?
Ben Jones :

I don't understand what you mean?

Customer: What if my deposit for Holiiday was paid by Cash ?
Ben Jones :

Well you just have to provide whatever proof you have, for example statements showing the cash was taken out but remember that the employer is not legally obliged to grant you the holiday request, even if you had all the evidence to support the booking

Customer: But it wa booked before my employment
Customer: Employer have to give it i am just confused course iconfirmations i have provided is not sufficiant to them
Ben Jones :

It does not matter if you booked the holidays before or after you started the job - the employer still has the legal right to refuse a holiday request if they wanted to.

Customer: Do employer have to pay a compensation for deposit i paid?
Ben Jones :

Not at all

Customer: Reilly?
Customer: Employer sõda not have any Richter regarding Holiday?
Customer: do not even
Ben Jones :

I am afraid so - they do not have to give you the time off. If you started a job and had pre-booked holiday you should have obtained a written guarantee before you accepted the job. If you did not, then there is no obligation on them to give you that time off and they do not have to pay you any compensaiton

Customer: Very sad
Ben Jones :

Most employers would ask you if you had prebooked holidays before you start and agree to give you the time off in advance but if you did not come to such an arrangement then the risk is that your request for holidays can be rejected

Customer: I was asked But i font have writting proof of that
Ben Jones :

you may have been asked but they must have also agreed to let you have the time off

Ben Jones :

Just becauise they asked does not mean they promised to allow you to have the holidays

Customer: Whats your Advise for me?
Ben Jones :

well all you can do is plead with the employer, provide any evidence you have about the holiday and hope they eventually agree to allowing you to go, but you cannot force them to and in the end you will have to either go on unauthorised leave and face the potential consequences or resign to go on the holiday

Customer: My bany have time off com its summer term , is there something regarding this
Customer: baby
Ben Jones :

No, thousands of parents want to take time off in the summer holidays or other holidays because their kids have time off then but there is no law that says you must be given time off during the school holidays

Customer: In Estonia there is such law :)
Ben Jones :

Well, not in England I'm afraid :(

Customer: I thought must be something here aswell
Ben Jones :

Here it is first come first served and at the same time the employer can also decide whether to allow you to go or not

Customer: can i call in sick ?
Customer: For how long i can call in sick without proof ? 3 days?
Ben Jones :

You can call in sick but it would very suspicious if you had tried to get it off as holiday before and it was rejected and then you conveniently become sick at exactly the same time. You can call in sick without a doctor's note for the first 7 days but it won't stop the employer taking it further if they believe it is not genuine

Customer: Ok
Customer: Tank you
Customer: Thank you
Ben Jones :

you are welcome all the best

Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46183
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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