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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 66494
Experience:  Qualified Employment Solicitor
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I have taken the 23rd and 24th of December off as 2 days

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Hi, I have taken the 23rd and 24th of December off as 2 days holiday from my holiday entitlement. Now it has been decided that the whole company will close at mid day on the 24th of December, so everyone will get the afternoon off, without having to take it off their holiday entitlement. I have asked for my 2 days off to be reduced to 1.5 days off my holiday entitlement, and several people have said that that is not possible; they say that because I had already taken those days off, I won't get that free afternoon off. Is that correct?

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. I may also need to ask some questions to determine the legal position.

How long have you worked there for? Please note I am mobile today so may not be able to reply until later today thanks

Customer: replied 5 months ago.
Hi, I have worked here 8.5 years.

Many thanks for your patience. What the employer has said is correct. Had you not taken the holidays before this decision as made, then if you requested holidays to cover those days you would have had 1.5 days taken off. However, you have already had the 2 days approved and are marked as being off, no matter what happens in reality on those days. The small ‘perk’ of going off early on 24th only applies to those in the workplace who are actually in on that day. It does not mean that the employer has to give back that time to anyone who is on holiday that day and has taken the whole day off. I am afraid you cannot legally ask them to give you half a day back on that basis.

I appreciate this may not be the answer you were hoping for but it is the legal position and I hope that it at least clarifies where you stand?

Customer: replied 5 months ago.
Yep, thank you.

All the best

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