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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 husband resigned from his Job two months ago (he was on

Resolved Question:

My husband resigned from his Job two months ago (he was on three months notice but they mutually agreed for him to give two months notice). He already had holiday booked with his employer which coincided with the last two weeks of his notice period. The final rota has come out and the week before he goes on holiday they have not included him saying that he has to take this week as holiday and as he does not have enough holiday entitlement he will have to take this an unpaid. Can his Employer legally do this?
Submitted: 3 years ago.
Category: Employment Law
Expert:  taratill replied 3 years ago.
taratill :

Hello my name is ***** ***** I am happy to help you today. Is this time that he had not already booked? I just want to be clear on this?

Customer:

We had booked the two weeks last year and got this authorised by his Employers. The additional week was not booked or agreed by my husband and we only found out when the rota was issued today.

taratill :

Hi in that case they are absolutely not entitled to do this. It amounts to an unlawful deduction from wages and breach of contract. He should ask to either to be put on the rota or to be paid and say if he is not he will claim.

taratill :

He will be able to submit a claim in the employment tribunal using the form he will find at www.employmenttribunals.gov.uk

taratill :

If you have any further questions please do ask.

Customer:

Thank you very much, this is what I thought but it is good to hear officially.

Customer:

My Husband is going to speak with his Employers today and we will then go from there.

taratill :

Well he is absolutely in the right here. All the best to him.

taratill :

Please do take the time to rate my answer so that I can be credited for my time and do come back to me for further help if you need to.

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