Employment Lawyers Can Answer Your Employment Law Questions
Hello have you raised a formal complaint about this?
Hello, sorry I was offline by the time you had replied. The issue here is that the law will be against you I’m afraid. The Working Time Regulations 1998 deal with the right to take and grant annual leave. To be able to make a formal request for annual leave a worker is required to give notice to the employer that is at least twice as long as the leave to be taken. In your example you want to take 11 days so you must apply for this at least 22 days before the leave is due to be taken. However, at the same time the employer has a legal right to reject your request without having to provide a reason, by giving you notice equal to the leave requested. So in the same example they can reject your request by telling you of their decision a least 11 day before it is due to be taken. So regardless of the factors you have listed, the employer has the legal right to reject your request even if there would have been no adverse effects on the business whatsoever had they allowed you to take this leave. The only times they may not be able to do this is if the reasons for their decision were discriminatory and this includes things like age, gender, race, religion, disability etc. Inly if you were treated less favourably on one or more of these grounds will you have a potential case – without this, I am afraid the employer has the unconditional right to decline your request subject to giving you the required notice.
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