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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47378
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I am a Postal Worker. On 18/08/2015 I have to take the day

Resolved Question:

I am a Postal Worker. On 18/08/2015 I have to take the day off no matter what. I asked my manager in May for this day off, and I am prepared to take it unpaid. He still refuses to give it me.
I have to take the day off no matter what, suffer the consequences no matter how severe.
Is my manager being unreasonable, and what is my position legally
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. What is the reason for taking the day off and how long have you worked there for?
Customer: replied 2 years ago.

I have worked at a Post Man since March 17th 1997, and I have to accompany my mother to a cancer clinic where I fear she is going to be diagnosed as terminally ill. I do not really want to tell my employer too many details

Customer: replied 2 years ago.

Hi Ben I have received an email saying you have responded to my question but cannot find it when I click on the response page

Expert:  Ben Jones replied 2 years ago.
Whilst you have the right to request the day off the employer has the right to refuse to grant you that request. Sonic they do not allow you to take it as annual leave you would be expected to come into work as normal. If you refuse to come in that would be treated as unauthorised leave from work and can be treated as a disciplinary offence. Assuming you have a clean record and with your length of service I would say dismissal would be unreasonable but a warning could be issued.
You would have the right to take time off to look after dependents but this is only there to cover unexpected issues and in this case you have known about this for some time so it would not be covered by this. The alternative is to try and take it off as sick leave but if the employer knows you were denied this as holiday then it would look rather suspicious.
So the employer may be acting unreasonably from a moral perspective but certainly not from a legal one and they are allowed to do what they have done. You may wish to consider discussing the real reasons for your request with them as they may be more understanding and sympathetic in the circumstances.
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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