Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.
Do you work there as well?
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.
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