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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 for this employer and please can you explain what you mean by getting paid off at the the start of the break?
So just to clarify, your employer does not pay you when you go on break?
Thank you. I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.
Many thanks for your patience. It is entirely possible to be granted unpaid leave from your job at the employer’s discretion. However, the key is that it is entirely at their discretion and you cannot force them to do that. If they are saying that you cannot have an unpaid break and would have to leave your employment instead, that is not correct but they can simply refuse to give you the unpaid leave in that case and let you decide whether to remain in work or resign if you need the time off. If you are forced to resign, you cannot really challenge them because you never had the right to demand unpaid leave is granted in the first place.
Does this answer your query?
All the best