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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 44874
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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MY son is 19 and has an 8 hour week contract and wants to

Customer Question

MY son is 19 and has an 8 hour week contract and wants to take holidays from the 20th december for 2 weeks. But his employers say they don't like staff taking off at christmas. He works in retail. What are the laws around holidays? Where does he stand to take these holidays.
This is a family holiday and we can only go around school holidays due to are other son being 15.
Submitted: 3 months ago.
Category: Employment Law
Expert:  Ben Jones replied 3 months ago.

Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.

Expert:  Ben Jones replied 3 months ago.

How long has your son been working there for?

Expert:  Ben Jones replied 3 months ago.

The issue here is that the law will be against him 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 he wants to take 2 weeks so let's say that equates to 2 days a week working time he must apply for this at least 4 days before the leave is due to be taken. However, at the same time the employer has a legal right to reject his request without having to provide a reason, by giving him notice equal to the leave requested. So in the same example they can reject his request by telling him of their decision a least 2 days before it is due to be taken. So regardless of the factors such as his age, hours, length of service and so on, the employer has the legal right to reject his request even if there would have been no adverse effects on the business whatsoever had they allowed him 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. So if they allowed older workers to take leave then but did not let him due to his young age he may have a potential case – without this, I am afraid the employer has the unconditional right to decline his request subject to giving him the required notice.so if there is a blanket prohibition for all staff for taking leave around Christmas that would be entirely lawful.

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

Customer: replied 3 months ago.
Hi Ben
In relation to your question he has worked their for 2 years middle of September.
What if the contract was zero hours? how does that work out for holidays.
Expert:  Ben Jones replied 3 months ago.

Thank you, ***** ***** zero hours contract makes no difference at all, he is still just a worker for legal purposes and the same rules apply for permanent employees, zero hours workers, casual workers, agency workers, etc

If your original question has been answered I would be grateful if you could please quickly rate my answer by selecting 3, 4 or 5 starts at the top of the page - it only takes a second to do and is an important part of our process. I can still answer follow up questions afterwards if needed. Thank you

Expert:  Ben Jones replied 3 months ago.

Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.

Expert:  Ben Jones replied 3 months ago.

Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.

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