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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48190
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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My daughter was going to a new job starting 18 May this year.

Resolved Question:

My daughter was going to a new job starting 18 May this year. She booked her holiday for 3.5 weeks during the notice period One day before she was due to leave old job they offered her a promotion which she decided to take She informed the then manager that she had booked holidays and he asked her to put it in writing which she did A new manager took over a few weeks ago and has now informed my daughter the amount of time she wants is more than her contract states she can take at one time She is due to go away in 2 weeks time and stands to loose a lot of money The company has already allowed 2 others to take 4 weeks holiday at one time this year
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. How long has she worked there for and was the initial holiday request approved?
Customer: replied 2 years ago.
She started at beginning of December 2014. Her original request had been approved by her new employer but when she decided to stay with her present employer she gave him the request letter as he asked but he never came back to her. It was only when she mentioned her holidays to her new manager that the amount of time off was denied
Customer: replied 2 years ago.
Please find answer to your question below
Expert:  Ben Jones replied 2 years ago.
Thank you for your response. I will review the relevant information and will get back to you as soon as possible. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you
Expert:  Ben Jones replied 2 years ago.
Many thanks for your patience. The starting argument would be that she has had her holiday request approved and as such the employer should not be able to change that. It would be a different matter if she was starting with a new employer but she is remaining with the same one so any previous requests would still be valid and their early approval should be honoured.
However, they may try and argue that the approval was for her old job and that the availability and staff requirements for the new job simply do not allow them to let her have this holiday. So even though it is the same employer, it is a different position so the holiday rota may not be the same and as such the initial approval does not relate to it.
She submitted a holiday request when she got the promotion but the employer is not obliged to accept that and they could reject it. The main issue in her position is her length of service. As she has less than 2 years’ continuous service she is not protected against unfair dismissal. This means that if the employer wanted to they could dismiss her very easily simply by giving her the notice period she is entitled to under contract. No fair reason or procedure are necessary. So in the worst case scenario, if she refuses to follow their instructions and decides to go on holiday anyway, they could just turn around and dismiss her.
So it is best for her to try and negotiate with them and raise the initial argument I mentioned above. She could even raise a grievance if necessary. However, if no agreement is reached, she has two options – not go on the holiday, or go anyway but risk the potential disciplinary or dismissal, which she cannot challenge unfortunately.
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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