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 taratill Your Own Question

taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6307
Experience:  15 years experience of advising on employment law matters
32019188
Type Your Employment Law Question Here...
taratill is online now

My daughter wishes to take 11 working days holiday, but her

Resolved Question:

My daughter wishes to take 11 working days holiday, but her employer is saying that she is only entitled to 7 days, due to another short holiday that she took earlier this year. She does not dispute this entitlement, so has asked if she could take the other 4 days as "unpaid leave". Her employer has refused, without discussion. Is there a legal precedent or position here that can be used to negotiate with her employer?
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. How long has she worked for the employer for?

Customer:

Hi Jenny. I believe it is approx. 5 months.

Customer:

I'm sure she successfully completed her 3 month probationary period a couple of months ago.

taratill :

Hi thanks for this.

taratill :

Unfortunately there is no legal obligation for an employer to grant leave in these circumstances.

taratill :

If your daughter does take the leave then the employer could dismiss her for doing so if they chose to do so.

taratill :

This is because with less than 2 years service your daughter has limited employment law rights and an employer can dismiss for any reason (so long as it does not discriminate contrary to the equality act), in the first 2 years of service.

taratill :

I am really sorry that this is the case.

Customer:

Not even unpaid? Her employer has quoted the reason as being, "we cannot get cover for you". But she is not due to go until the beginning of November which is three months away, giving her employer ample time, in my opinion, to arrange temporary cover from an Agency.

taratill :

Hi yes even unpaid, it is entirely up to the employer whether they allow it or not. There is no legal requirement for them to get cover in the manner you describe. I understand why you feel this is unfair but if she choses to take the leave without permission then it would give adequate grounds, in law, for the employer to dismiss.

Customer:

Ok. Thanks for the clarity. For what it's worth, I've advised my daughter that I would hand in my notice tomorrow, if it was me. I wouldn't want to carry on working for a company that was behaving so unreasonably (in my opinion). Thanks again.

taratill :

No problem, I agree with you! I would be grateful if you would take the time to rate my answer and all the best to your daughter for the future.

Customer:

Will do. And best wishes to you, too.

taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6307
Experience: 15 years experience of advising on employment law matters
taratill and other Employment Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Ben Jones

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11030
    Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
< Previous | Next >
  • http://ww2.justanswer.co.uk/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11030
    Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.co.uk/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    41
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.co.uk/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Laywer

    Satisfied Customers:

    49
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.co.uk/uploads/taratill/2010-03-09_111600_phpsik04M_c2AM.jpg taratill's Avatar

    taratill

    Solicitor

    Satisfied Customers:

    672
    15 years experience of advising on employment law matters
  • http://ww2.justanswer.co.uk/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg chatham-chamber's Avatar

    chatham-chamber

    Solicitor

    Satisfied Customers:

    24
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.co.uk/uploads/LI/li/2014-12-19_134845_lexughes.64x64.jpg Alice H's Avatar

    Alice H

    Solicitor Advocate

    Satisfied Customers:

    99
    Partner in national law firm with 20+ years legal experience
  • /img/opt/shirt.png tdlawyer's Avatar

    tdlawyer

    Laywer

    Satisfied Customers:

    53
    Lawyer with 9 years experience in employment related issues.
 
 
 

Related Employment Law Questions