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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47889
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Holidays I have given my employer 3 weeks notice

Resolved Question:

Holidays
I have given my employer 3 weeks notice for one weeks holiday.
this request has been refused.
My aplication was dated the refusal was not but was place in my cubby hole 1 week before the start of my holiday is it valid with out a date on it.
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Did you follow company policy for the request?
Customer: replied 2 years ago.

YES 5 Stars

Expert:  Ben Jones replied 2 years ago.
Thank you, ***** ***** on holiday requests is as follows: an employee has the right to request they take a holiday at any time, but the employer has the right to refuse that request, without any reason. To be satisfactory both the employee and employer need to adhere to specific notice periods. You, as an employee, must give the employer notice that is at least twice as long as the holiday you want to take. So in your case, for a week’s holiday you must make the request at least 2 weeks before the holiday is due to be taken. You appear to have satisfied this requirement. If the employer then wanted to reject your holiday request they must advise you of their decision by giving you notice that is at least as long as the holiday you had requested. So in the same example, they must have advised you at least a week before it was due. The fact that the letter was not dated would not make their rejection invalid – there is no formal requirement in law for the rejection to be dated. What is important is that their decision was in some way communicated to you so that it had reached you within the required timeframe. In this case they left a letter for you which you admit was read in good time to satisfy the notice requirements by the employer. So in the circumstances I am afraid they are legally able to reject your request for holiday. This does not stop you from trying to pursue this further, such as by raising a grievance with them but legally you cannot demand that they allow your request. I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
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