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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.
Are you in the UK?
So what was specifically agreed about the leave, what was confirmed when they approved it?
Thanks. So if this is an e-learning duty are you actually required to be anywhere physically present, or is it just something you have to do in your own time at home?
SO is the issue that you are being asked to do this and not get paid for it? Or is it that you do not want to do anything work-related on that date?
Thanks. Whilst unpaid leave can be granted by the employer, they can potentially cancel it as well, although reasonable notice would be required. This is the same with annual leave – employers do have the right to change that if needed, although it is rare and again, notice is required.
What they could do is assign the e-learning date on the last day of the month in which you are taking unpaid leave but as it is a duty day you can argue that it should not count as part of your unpaid month and you should be paid for it.
Does this answer your query?
they can place such a day wherever they want but as it is a duty day you should be paid for it still, so whether it is given to you in a working month (when it will be covered by your normal salary), or a period of unpaid leave (when they should ensure you are paid for it), the outcome is the same legally
Hope this clarifies
Hello I wondered if you were still looking for help with this matter.
I would simply speak to them. Ultimately, their email to you stated that you have not to work in January or February, so this would include the 29th there is no "loophole" for them to do this. The best way to deal with this is highlight to them that the emails stated you had unpaid leave for the month of February and this does and should include the 29th. If you do end up having to "work" this day then you should be paid for it 100%.
I hope this information has helped.
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