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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6305
Experience:  15 years experience of advising on employment law matters
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My grandaughter applied for a new job. She did not hear anything

Resolved Question:

My grandaughter applied for a new job. She did not hear anything for 2 months and assumed that she had not been sucessful and as a result booked a holiday and applied for leave from her existing employer, which was granted. After 2 months her new employer contacted her to let her know she was sucessful. She joined her new employer and was told that she could not have the holiday due to shift patterns of other employees. She has paid for the holiday in full and cannot obtain a refund. Is the new employer acting correctly or are they obliged to honour my grandaughter's holiday?
Submitted: 2 years ago.
Category: Employment Law
Expert:  taratill replied 2 years ago.
taratill :

Hello my name is ***** ***** I am happy to help you today. Did your granddaughter discuss holiday with them before accepting the position?

Customer:

At the initial interview she was told not to book any holidays, but as she had heard nothing in 2 months she assumed that she had not got the job.

taratill :

Ok but once she was offered the job did she discuss it with them?

Customer:

Yes

taratill :

was it before she accepted the position?

Customer:

No after she had accepted the position

taratill :

Ok thanks, ***** ***** your Granddaugher an employer is under no obligation to allow a holiday in these circumstances. Under the Working Time regulations an employer can refuse annual leave if it cannot accommodate it providing the employee is not denied the right to leave in the leave year.

taratill :

It would have been best for your granddaughter to have agreed the holiday before agreeing the post.

taratill :

She can, of course, complain about this but there is nothing legally she can do.

taratill :

I am really sorry that this is not the answer you were hoping for.

taratill :

If you have any further questions please ask. If i have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the bes.t

taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6305
Experience: 15 years experience of advising on employment law matters
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