Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.
How long has your son been working there for?
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.
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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
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