Hello how long have you worked there for?
Hi there sorry I was in tribunal by the time you had replied. Under the Working Time Regulations an employer has the legal right to dictate when an employee takes their annual leave, specifically they can reject an employee’ request or force them to take their leave on specific dates. In your case your annual leave request has been rejected by the employer. This is an unconditional right they have and all they have to do is simply give you sufficient notice. The fact that the reasons for the refusal are your previous absence due to family issues is irrelevant I’m afraid. They can apply the legal right they have to refuse your request whether this was the reason or not.
The only protection you would have is if your absence was related to a disability. If it was just a month then that may be unlikely but nevertheless I can discuss that with you to make sure.
This is your basic legal position. I have more detailed advice for you in terms of the law on disability and how to work out if it applies here, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
Thank you. In the legal sense of the word, disability can have a broad meaning and there is no single list of medical conditions that qualify. Instead, to establish whether a person is disabled, they need to show that they meet the legal definition of a ‘disability’.
The Equality Act 2010 defines a disability as a “physical or mental impairment that has a substantial and long-term adverse effect on a person’s ability to carry out normal day-to-day activities”.
I will break this definition down:
If a person satisfies the above criteria, they will be classified as being disabled and will have automatic protection against discrimination, which means that they must not be treated unfavourably because of their disability. In addition, their employer would have a duty to make reasonable adjustments if they are likely to be placed at a substantial disadvantage when compared to non-disabled employees.
What amounts to ‘reasonable adjustments’ can have a wide interpretation and often depends on the individual circumstances. Below are some examples:
If someone who is disabled is being treated unfavourably because of their disability or their employer has failed to make reasonable adjustments it would potentially amount to disability discrimination. The first step would be to raise a formal grievance. The next step would be to consider whether a claim for disability discrimination should be made in an employment tribunal (the time limit for claiming is only 3 months from the date of the alleged discriminatory act taking place).