Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is Ben and it is my pleasure to assist you with your question today. Was this relative a dependant of yours?
Unfortunately the employer does not appear to have acted unlawfully here. There is no automatic right to take annual leave and the employer has the legal right to reject any request for annual leave as long as they give you the appropriate notice specified in law. To request leave you need to legally give your employer at least twice as long notice as the holidays to be taken, in your case 16 days' notice. To legally reject your request the employer must give you at least the same notice as the length of the holidays, in this case 8 days'. If you did not give them the required notice they can reject your request immediately.
The only time you could have argued to be released on extended leave, which would have been unpaid, is if you were taking time off to look after dependants. This only applies in emergencies where you are required to look after someone who is your dependant. However, as this person was not your dependant this right does not apply in your case.
Please let me know if this has answered your query or if you need me to clarify anything else for you in relation to this?
I requested this arrangement beginning of July I am not going on holiday until 19th AUGUST Manager indicated at time of origianal
request that she could see : no problem:
ok but was it formally granted at the time?
that is the issue - until it is formally granted the employer reserves their right to reject the request as long as they give you the required notice as stated above - this is their legal right under the Working Time Regulations
I'm sorry if this is not necessarily the answer you wanted to hear but I hope you understand I have a duty to explain the law as it actually stands and sometimes this does mean delivering bad news. Please let me know if you need me to clarify anything.
and if you need independent confirmation of this please see here:http://www.xperthr.co.uk/faqs/topics/4,32/holiday-and-holiday-pay.aspx?articleid=67025#67025