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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6307
Experience:  15 years experience of advising on employment law matters
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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.

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