Holidays leave question.?

Question

Hi,

I want to take about 2 weeks off in a months time and I've given the right amount of notice. I'm the only one in my department since the last person left in november. Can my employers refuse my holiday request because there is no cover for me? I am in the U.K

Answer 1

if you have given the right notice then your employer should be able to get cover for you in this time untill you get back, you are entitled to paid holidays by law but it depends what your contract says about when you take your holidays, they can refuse you certain dates but you have done everything the right way so you should be ok

Answer 2

dont think so, u should be entitled to holidays

Answer 3

Firstly, your employer is breaking the law if you don't have a contract.

Secondly, the law doesn't require 28 days annual leave yet - that comes in next April.  At the moment it is minimum 24 days, with no legal requirement for paid bank holidays - subject to you working a 5 day week.

Under working time legislation, you are entitled to this paid annual leave - but this can be at your employers convenience/discretion.  But at some point, you are entitled to the time off (i.e. not paid in lieu).

Speak with the HR manager - and if you don't have one, contact ACAS - they are very good.

Answer 4

Generally leave (all types, including holiday leave) is at the discretion of your direct Manager, though it can be denied on the basis of 'operational requirements', eg; over christmas or easter period when it may be peak period for some businesses, and they need all hands on deck.

For your situation, it seems simple. You said you have already asked... So what did they say? They must give you an answer straight away (within reason), so you need to press them again for their answer. I understand that they may have no-one to replace you, though this is their issue not yours. At any time you could actually quit altogether, then where would that leave them. It is their responsibility to find appropriate staff coverage, especially for when you (only staffer) WILL (want to) go on leave (holiday, sick, bereavement etc).

Tell them you have already bought your airline tickets and paid for villa in Greece, etc..

Trust that they will be fair, and that they value your contribution to the company to give you deserved time off. Otherwise threaten to quit, then see what they let you do then !!

Answer 5

You are entitled to 28 days holiday for a 5 day working week BY LAW.

Answer 6

check your contract it will tell you all you need to know, then if your boss says no bring your contract to his/her attention, not in a bad way, but say you have done as asked in the contract good luck happy holidays

Answer 7

You have done the right thing by asking your employer for time off work, however, they don't have to accept this if there is a business reason for not granting it.

If, however, you are the only person that works in your department, then your employer could be in breach of contract if they refuse to allow you any time off.  You should check whether any other colleagues are treated the same or differently.

You have a number of options if you are not receiving your full holiday entitlement form your employer.  You should try to resolve the matter informally at first, however if this doesn't work, you should raise a formal grievance under the organisation's formal grievance procedure.  If you have trade union representation, they should be able to advise you as well.

There are also organisations that can help to mediate between you and your employer, such as ACAS or the Citizen's Advice Bureaux.  If all else fails, you can look into the option of contacting an employment tribunal, but let's hope it doesn't come to that.