How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Alice H Your Own Question
Alice H
Alice H, Solicitor Advocate
Category: Employment Law
Satisfied Customers: 2850
Experience:  Partner in national law firm with 20+ years legal experience
30932268
Type Your Employment Law Question Here...
Alice H is online now

I returned to work 3 weeks ago following 6 months maternity

Resolved Question:

I returned to work 3 weeks ago following 6 months maternity leave. When I returned to work I took 5 out of the 10 days holiday that had accrued during my maternity leave. I have asked to take the residual 5 days off next week as I am moving house.

My contract of employment states that I have to give 2 weeks notice which I did but they have only informed me today that I can only have 1 day off.

Can I insist that I am entitled to the time off and if so how should I phrase it.
Submitted: 3 years ago.
Category: Employment Law
Expert:  Alice H replied 3 years ago.
My name is***** and I'm happy to help with your question today.

What type of job do you do?
Customer: replied 3 years ago.

For Alex Hughes: I am a receptionist in a company that employs circa 100 people.

Expert:  Alice H replied 3 years ago.
Thanks Jodie.

The law which governs when holiday can be taken by employees is Working Time Regulations 1998.

Under the regulations and seemingly by your employment contract you are required to give at least 2 weeks notice to take 1 week off.

But your employer can object to you taking this time off. Your employer can give notice that you cannot take leave on a particular day or days and they only need to give the same number of days notice as the leave requested e.g. if you're taking one week off then they only need to give one weeks notice, which they seem to have done.

You can have a look at the regulations here:

http://www.legislation.gov.uk/uksi/1998/1833/regulation/15/made

You can raise a grievance/formal complaint about the refusal to let you take time off and the issue regarding accrual. But as far as I can see from the law they have complied with the regulations.
Alice H and other Employment Law Specialists are ready to help you