Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. What are you hoping to achieve in this situation?
The time he wants off, is that time which was already pre-booked as holidays?
If this time off was not pre-booked as holiday, then he does not have the right to take it off, unless you agree to it. As an employer, you have the right to reject a request for time off as holidays and if you are not happy to allow him to take it off his holiday allowance you have the power to do so. It means he would be expected to attend work as normal. However, the issue is that you cannot actually force him to turn up to work and discharge his duties. He can still refuse to turn up and decide to take the time off anyway. That would place him in breach of contract and would amount to unauthorised absence from work, which is a misconduct issue and technically you can consider dismissing him for that before his notice expires which means that his official reason for leaving would be dismissal, not resignation. Also you do not have to pay him for the time he does not turn up and work. Also, it is possible to consider suing him for losses which have been incurred from his breach of contract but that is more complex as you would actually need to take him to court for this and show losses have been incurred, that they were due to him not coming into work and that you could not have avoided or reduced them in any way. You are then left in the hands of the court system and a judge would decide if that is a valid claim or not, so it should only be used as a last resort.
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