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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48188
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Just back from havig two weeks holiday. I have been advised

Customer Question

Just back from havig two weeks holiday. I have been advised by office admin that I will not receive one of those weeks as salary, but as a weeks absence.
Our hand book advises we can only take one weeks holiday during June, July, August.
Three years ago I advised I would have to look to alternative employment, as my time with my kids in summer is precious to my family.
The director requested a meeting, and to simplify the meeting, informed me they did not want me to leave, and that they could only give me a verbal warning. Which only lasted a year. Although not happy, that's all they could do.
But they have now changed that by withholding one weeks wages.
And told to take that second week off again but after August........
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. Were you granted this time off as holidays in the first place?
Customer: replied 2 years ago.

Holiday forms are submitted at earliest convenience, in this case January. And at no point advised whether I were to get my holiday dates or not

Expert:  Ben Jones replied 2 years ago.
The issue here is that the holiday you requested does not appear to have been authorised by the employer. Unless they have confirmed that it has been granted you cannot assume that it has - silence in their part does not mean they agree to you taking it. So if you then went off and took those dates as annual leave they can treat it as unauthorised absence from work. This is especially true if there is a specific policy which states that you cannot take more than a week's holiday this month. So you have gone against policy and taken the time off without the employers consent. So they can treat it as unauthorised absence from work and not pay you for it - after all you were not available for work form a period which was not authorised as annual leave and you would have been expected to work.
I'm sorry if this is not necessarily the answer you were hoping for, however I do have a duty to be honest and explain the law as it actually stands. This does mean delivering bad news from time to time. I hope you understand and would be happy to provide any further clarification if needed. If you are still satisfied with the level of service you have received I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 starts at the top of the page. Thank you
Customer: replied 2 years ago.

So what is a reasonable amount of time to wait for approval.

This is an ongoing issue, wages were paid last year.

And three years ago, I was the only one from 6 persons who was given a verbal warning g on same issue...

Expert:  Ben Jones replied 2 years ago.
There is no reasonable amount of time. They do not have to respond. If they do not then they simply refuse to give consent to you taking the time off. You need formal confirmation before you know for certain it has been granted. Hope this clarifies .
Ben Jones and 2 other Employment Law Specialists are ready to help you
Customer: replied 2 years ago.

I've checked my contract again, and all it states, for the months of June July August, that holidays are of limited availability.

It no longer states "one week "

Does this make any difference.

Thanks again.

Expert:  Ben Jones replied 2 years ago.
Hello, I have thought a bit more about your situation and there may be a regulation which you could rely on in support of your case. It is Regulation 15 of the Working Time Regulations 1998: http://www.legislation.gov.uk/uksi/1998/1833/regulation/15/made It says that if you want to take leave then you must give the employer notice which is at least twice as long as the leave to be taken. So if you wanted to take leave equal to 10 days’ holiday you must have made the request at least 20 days in advance. If the employer then did not want you to take this leave they should have given you notice equal to the length of leave requested, so in the same example it should have been given to you at least 10 days in advance. So if you gave the required notice and the employer did not then give you counter notice to reject your request you could argue that they have failed in their obligation to reject the leave and that you should still be entitled to it.
Customer: replied 2 years ago.

Is this Scottish, or English law.

Or just British Employment law.

Thanks.

Expert:  Ben Jones replied 2 years ago.
It applies to both Scotland and England