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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46809
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I have been in full time work, 4 night shifts a week for the

Resolved Question:

Hi I have been in full time work, 4 night shifts a week for the last 2 weeks, but have just found out my partner had booked a surprise holiday for me October 29th for a cruise to the Carribean and joint Florida holiday. Due to me finding work she rang work without me knowing to advise them. They have said no matter what I could have a week off and that is it, if I don't return I am sacked. We have even offered to reduce the holiday by booking me a single flight back to the UK earlier. I'm guessing I have no rights as only a new job?
Submitted: 7 months ago.
Category: Law
Expert:  Ben Jones replied 7 months ago.

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

Customer: replied 7 months ago.
Hi Ben & thanks
Expert:  Ben Jones replied 7 months ago.

Hi there. Please can you confirm how long you have worked there for and what your holiday entitlement is?

Customer: replied 7 months ago.
I have only been there two weeks so far, 28 days per year
Expert:  Ben Jones replied 7 months ago.

OK, thank you for your response. I will review the relevant information and laws and will get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Also, please do not responded to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you.

Expert:  Ben Jones replied 7 months ago.

Many thanks for your patience. As you may have guessed your rights are somewhat limited and I will explain why exactly below.

First of all when it comes to requesting holidays the law allows you to make a request to take any days off, but at the same time the employer has a legal right to reject that request. All that is required is the correct notice from both sides. The notice you must give them to make the request is at least twice as long as they holiday to be taken. So if you wanted to take 10 days off work, you must make the request to book that off at least 20 days before you are due to go. If you do not give them the minimum notice they can reject the request outright.

Even if you gave them the correct notice, they are legally entitled to reject it by giving you notice which is at least as long as the holiday requested. So in the same example they can reject it by telling you at least 10 days before it is due to be taken. This right is unconditional.

If they had rejected it by exercising this right and you still went ahead and too it that would amount to unauthorised absence from work and they can sack you for it. You would not be able to challenge this because you are not protected against unfair dismissal in the first 2 years of employment.

So from all angles your rights are quite limited I am afraid so you have to find a way that best fits in with your employer’s rights, which in this case means taking just a week’s holiday.

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 you

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46809
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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