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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48514
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Annual leave requests. I requested leave for my mother who

Customer Question

Annual leave requests.I requested leave for my mother who is a nurse in a care home. I was told by the manager this is ok and will be kept secret until christmas so i booked the holiday. The leave covers two shifts a total of 24hrs. And is in 9 weeks and 5 days. I later got a phone call to tell me that the leave would not be granted as other people are on leave. He just kept saying he couldnt help me, he supposedly asked the director who said no, and i suggested an agency worker and he said no he would not get the finances agreed unless she went off sick. So i said she has to call in sick so you can cover her shift, and he said she cant because i have informed him about a holiday and so she will be done for misconduct. Given the frank attitude i am worried about affecting her job. Also i asked him what i was to do as i cannot get a refund, he said it was ok and now she will not have a present for christmas
Submitted: 14 days ago.
Category: Employment Law
Expert:  Ben Jones replied 14 days ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 14 days ago.

Do you work there as well?

Customer: replied 13 days ago.
Hello, thank you, ***** ***** do not work there.
Expert:  Ben Jones replied 13 days ago.

Thanks. The problem here is that the employer does not owe you any legal duty of care or have any legal responsibility towards you. You are not employed by them, you have no legal relationship with them so just because they told you that there is no problem in getting the leave and then go back on their decision, does not give you any rights. They are free to do this legally and this is a moral issue rather than a legal one.

Had she been the one to book the holiday herself and received formal confirmation that the holiday was booked, but they then reneged on their decision, there may have been ah argument over a breach of trust by them and as she was their employee then that would have given her slightly better rights. However, in this case it was not a formal request by an employee to take annual leave, it was someone else who the employer is not legally answerable to. So whilst their actions are indeed immoral, they do not give rise to any legal remedy unfortunately and you are now fully reliant on the employer to either allow her to take the time off, or not to take any formal action against her if she was to go anyway.

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 actual legal position. 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 I have provided regardless of the contents of the answer, I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 stars above. Thank you

Expert:  Ben Jones replied 12 days ago.

My response to your query should be visible on this page. Could you please let me know if it has answered your original question or whether you need me to clarify anything else in relation to it? If your query has been answered I would be grateful if you could please take a second to leave a positive rating, selecting 3, 4 or 5 stars above. I can still answer follow up questions after that if needed. Thank you

Expert:  Ben Jones replied 10 days ago.

Hello, I see you have read my response to your query. Could you please let me know if it has answered your original question? You can either reply on here with a quick ‘Yes, thanks’, or select 3, 4 or 5 stars on this page. I can still answer follow up questions if needed to clarify anything for you. Many thanks

Expert:  Ben Jones replied 9 days ago.

Hello, not sure if you are having trouble seeing my posts? Do you need any further assistance or are you happy with the response to your query? I look forward to hearing from you. Thanks