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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I work for the local authourity. I am not a member of Unison.

Resolved Question:

I work for the local authourity. I am not a member of Unison. As soon as the council discover that a strike day has been called, they place moratorium on annual leave for that day. I would have liked to take the last strike day (Thurs 10th July 2014) as part of a long weekend - Thurs 10th to Tues 15th, instead I altered my arrangements and took the Friday to the following Wednesday My question is, "can the council legally stop me from taking the strike day as paid annual leave when I am not in the union?" For instance, would this need to be written anywhere in my terms and conditions?

Thanks Pat

Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. When did the employer give you notice that they wanted you to take this day as annual leave?

Customer:

Hi Ben. They didn't ask me to take annual leave. The employer places a moratorium on any annual leave requests when they know a strike day has been agreed. The last strike day was on 10th July.

Customer:

Subsequently, and purely by coincidence I applied for annual leave that day but was refused.

Customer:

My question is, under what authority can my employer (The Local Government Council) stop me from taking paid leave? It seems unfair that I am not in the Union and yet I am subjected to the restrictions that their strike day has imposed.

Customer:

There is nothing in my terms and conditions to say that I must abide by these local government established rules and I see at as an infringement of my rights?

Ben Jones :

Hi, thanks for getting back to me. Your employer will actually have the right to refuse a request for annual leave under the Working Time Regulations 1999. They state that an employer can refuse a holiday request by an employee as long as they give them the minimum required notice by law. This notice must be at least as long as the holiday to be taken. So for example if you wanted to take a specific day off as annual leave, the employer can wait as far as a day before the leave is due to be taken to refuse your request, something which they can do legally. This is a specific right they have by law and I am afraid it is not an infringement of your rights.

However, had they already granted your request and then tried to cancel it, they cannot do so unless your contract or some other specific workplace policy gave them that right. If they never officially granted you request then it can still be rejected, even for the reasons above, as long as the employer has given you the required notice period.

Hope this clarifies your position? If you could please let me know that would be great, thank you

Customer:

Hi Ben

Customer:

Many thanks. That's a very clear answer and I fully understand.

Customer:

Thanks for your help. Kind regards, Pat

Ben Jones :

You are most welcome, all the best

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45374
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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