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Employer refusing annual leave
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trail_ratFree Member
When it comes to work I’m very flexible. I need to be. Often I travel abroad for 6weeks at a days notice.
How ever there are two things I’ve made clear.
If I’ve booked holidays 6months in advance you better have a good operational reason to.cancel them and it will cost you.
If you won’t approve them 6 months out ….. Well you’ll find I’ll suddenly be alot less flexible.
I’d start looking for a new job as well. Sounds like you work for a ****.
teamhurtmoreFree MemberStuff that. If they want happy staff, an element of “pleasing yourself” should be encouraged, otherwise the best staff will find a competitor who puts a better focus on work-life balance.
😀
The me, myself, I generation. Lets have it all.
duckmanFull MemberI could add my tuppence but I have just had six weeks off and am too busy trying to find where I put the iron at the start of July 😛
slowoldgitFree MemberIn my career getting two weeks’ holiday was the norm. Now I’m expected to believe I was asking too much. I’d rather believe it’s a poor employer who can’t plan ahead.
If Mrs OP is so essential to the company, she’s due a rise.
v8ninetyFull MemberThe me, myself, I generation. Lets have it all.
Hardly. More like the collaborative, working together, cooperative generation. Employment is, after all, a mutually benificial relationship.
I dont think a fortnights holiday in half a years time is unreasonable.
thehustlerFree MemberOK, in the real world…….unless there are clauses in her contract specifically stating two weeks hols is forbidden then the only reason the employer can refuse the two weeks is if the business is unable to function without them, if its been done on a whim and without president its actually very good grounds towards constructive dismissal, get your partner to ask the company for there reasons of refusal in writing.
bencooperFree MemberI’m not sure what would hustler lives in.
He lives in a Penthouse.
mitsumonkeyFree Member‘m not sure what would hustler lives in.
He lives in a Penthouse.In Mayfair?
😆PigfaceFree MemberI always thought two weeks away was pretty normal, miners fortnight for example when I was growing up in the Valleys.
In Sweden they pretty much have August off, the whole place moves very slowly in August.
CougarFull MemberThe me, myself, I generation. Lets have it all.
For wanting two weeks’ holiday out of an entire year with like nine months notice? Have a word with yourself.
As a wise man said earlier, stuff that. You work to live, not the other way round.
thecaptainFree MemberEmployers don’t “give” or “allow” leave. It’s a contractual and legal obligation. In her position I would notify the absence and take it.
DracFull MemberYeah that’s not how it works Captain. You’re entitled to a minimum amount of holidays by law, you’re not entitled to take them when you feel like it. That would be classed as unauthorised absence to which they could refuse to pay.
teamhurtmoreFree MemberAfter you Coug’s, but I will let you have a word with yourself about reading what is actually written before jumping in.
I am all in favour of 2 weeks, indeed i insist on it – its in everyone’s contract. I am less inclined towards the sentiments expressed in the pleasing yourself idea though, despite its growing popularity. What next a thread where someone admits to doing a crap job and then moans when his boss picks him up for it???
Well put Drac.
DracFull MemberWhat next a thread where someone admits to doing a crap job and then moans when his boss picks him up for it???
We’re due one.
thecaptainFree MemberUnless the employer can give good reason why the request can’t be handled they don’t have a leg to stand on. She’s an employee not a slave.
JunkyardFree Memberthe sentiments expressed in the pleasing yourself idea though, despite its growing popularity. What next a thread where someone admits to doing a crap job and then moans when his boss picks him up for it?
In what “sense” – its none isnt it- does moaning about not getting a two weeks holiday with 9 months notice – something you support so much you make all your sour staff do it – constitute the
The me, myself, I generation. Lets have it all.
You have got so excited about
trollingbeing “controversial” you failed to notice the inherent contradiction in your comment and the fact you insulted yourself and all your staff with it. 😆
BeautifulSecondly there is no relationship between requesting a two week holiday and being crap at your job. if you want to try and compare two completely unrelated things – the only common thing being they are work related – then dont let me stop you but its ludicrous and you know it.
DracFull MemberYup team.
“We can’t spare any staff off for that week.”
“We already have a member of staff off that week.”
“All annual leave is planned by us as your employer”
Once again. Employees are not entitled to select their annual leave.
teamhurtmoreFree MemberAre the storm pictures up north on the tellie yet? They seem particularly violent this morning. Hope everyone is safe.
CougarFull MemberAfter you Coug’s, but I will let you have a word with yourself about reading what is actually written before jumping in.
Sincere apologies, I shouldn’t post before coffee.
mynamesnotbobFree MemberTo the OP, request a formal reason and go from there. Half the team may be out at the same time, it might be school holidays etc and the team will all be out the office. Could be perfectly understandable, and hopefully is a simple misunderstanding that can be resolved by a grown up chat. But check whats in the contract, and linked HR policy for clarification. If 2 weeks is not prohibited or mentioned, then it would be at employers discretion which would be not unreasonably withheld. Without a specific reason (major project, whole team out already), then this would be deemed an unreasonable withholding of time off.
If this kind of chat is not possible within an HR team (which I believe the OP said she is in), I suspect the environment is toxic so would concentrate on finding another job as already said.
As already said employees cannot dictate annual leave, but employers have to reasonable. Reasonable is not withholding it because a manager has had one day off in the last 15 years, and they will give up all weekends to tidy the paperclips and complaining that the youth of today are unreasonable as they won’t to receive part of their package that was offered in the terms of employment.
I advise anyone who thinks that 3 weeks off is a good idea to consider the above carefully
I would expect anyone to be able to take 3 weeks off and the company doesn’t collapse, it points to bad management really if thats not the case, especially with that much notice.
If I can’t do 3 weeks out of the office, then I haven’t delegated to anyone else or managed my customers properly.
If my team can’t do three weeks out of the office, then I would say they screwed up delegation, handovers etc.
The only reason that I could be deemed critical is I am needed to physically sign contracts – but again I would have planned the big activities around my leave, or delegated rights to someone else.
Making yourself only be needed because you have run your team so badly it falls apart without you would cause me far greater concern.
The me, myself, I generation. Lets have it all.
More “the me, and my employer jointly agreeing what is right for all and reflecting whats in her contract generation, then talk about it as adults” but not quite as catchy.
I personally never take leave, but I run my own business so I have signed up for something different than an employee, but I accept that being flat out really does result in a lower overall performance, and I encourage my team to take all there time off, and not in odd days – at least one proper break a year of several weeks.
But if I want it, it’s my 100% right, I wouldn’t accept an employer keeping half my pay and me say nothing, and my holiday is part of my pay.
Anyway the job market is changing and perms will one day be a thing of the past. Contracting for multiple clients is far more rewarding anyway, to do a perm role there must be something very specific you want out of it IMO. This will leave lots of people feeling very lost, as there sense of worth will be taken away by not being tied to their employer day and night for years.
On the other hand, employers will pay for outputs, employees will focus on what they are doing – not just turning the handle and both sides will have greater flexibility. But you need something specific to sell
There will be a forgotten portion of the workforce that have nothing specific to add, and will get trapped in the 0 hours contract for slave employers – this needs to be thought about
Gone off at a tangent but what I am trying to say is all the people claiming or inferring they are martyrs for their companies, are admired by some and loved by a few as a role model – but are also seen as mugs that allow for companies not managing themselves properly.
tjagainFull Membermynamesnotbob – unfortunately there is no need for employers to be reasonable over annual leave. NO legal onus on them.
Otherwise bang on with your post.
teamhurtmoreFree MemberBob – yes, Drac covered that idea well
The only reason that I could be deemed critical is I am needed to physically sign contracts – but again I would have planned the big activities around my leave, or delegated rights to someone else.
In other professional services/advisory/financial services firms personal contribution and client contact is more important and frequent. Context is important.
mynamesnotbobFree MemberIn other professional services/advisory/financial services firms personal contribution and client contact is more important and frequent. Context is important.
Agree – The areas you mention is exactly my service and specialist industry, and as ex big 4 and now running a smaller firm of advisory teams, refusing 2 weeks or 3 weeks for a single team member with 9 months notice just points to bad contract and client management.
We are typically embedded on client site most of the time, so also have to fit into client team planning and HR policies, not by obligation but by being human. We are normally the backstop in keeping projects running as clients will all go off at the same time and not manage themselves properly.
This is far away from what was asked by the OP, but professional services firms seem keen to manage themselves in a way that delivers short term gains at the expense of long term client satisfaction and employee health, and employees often see failed marriages, poor states of mental health and high levels of addiction as a badge of honour – happy to have waved goodbye to those badges and let others take them.
Client engagement should never fall to one man – with the obvious exception of one man bands
CletusFull MemberJust checked my company’s employment policy.
Leave of ten days needs at least one months notice.
Consecutive leave of more than ten days needs director approval.The latter is pretty easy to get if it does not cause operational issues – e.g. if you work in a team with colleagues who have school age kids do not expect requests for leave in August to be approved. It is generally non UK/EU workers who take this as they want a long holiday in their home country.
I sometimes feel that my employer is a bit rubbish but at least they are reasonable on the employment policy front which is worth a lot I guess.
To the OP if you do go to HR do not expect them to be on your side. In my experience they tend to support managers rather than employees unless the manager is really out of line (which could be the case in this instance).
wreckerFree Member“All annual leave is planned by us as your employer”
If anyone ever said this to me, they would suddenly find a positive, conscientious employee become very inflexible indeed.
helsFree MemberI worked somewhere that they made us take two weeks at Christmas and new year as the whole place closed down. Kiwiland, and you get a lot less leave than softie European countries, this caused much mumping esp among the non-Christian staff.
So you got stuck with hols when the weather was the stinkiest hot and the roads were busy.
Could be worse !
DracFull MemberIf anyone ever said this to me, they would suddenly find a positive, conscientious employee become very inflexible indeed.
LesterFree Memberas i recall holiday pay is accrued throughout the year, so 20 days a year (plus bank holidays) so that means you earn roughly 1.66 days a month. taking a holiday at the beginning of may would mean you only had accrued roughly 6.6 days money, and so you might not have 10 days holiday money anyway. before you tell me off i work in an industry that people do disappear on a whim, so generally we only pay what has been accrued
i think, that you have to submit a holiday/leave request twice the amount of time before you want. so if you want one week you must request it two weeks prior and the employer must tell you no later than a week prior whether it will be granted.
i also think that even if you have agreed on the length of your leave, depending on things like cash flow, that the employer doesnt actually have to pay you at the time of your holiday !!
These are what i think to be true, i am pretty sure, but am not stating it as fact.
im pretty sure most companies given enough notice would grant the holiday you request, unless they did actually have a good reason, we usually do, i dont remember saying no once in the last 20 days. we have a holiday chart that is filled in and employees are expected to look at that to see if the dates they want are free and not already taken by another employee.we are a good company and the owners are very fair, personally i cant stand anyone who says take a sickie and hopes to get paid for it when they arent actually ill!!
light touch paper and retire 🙂
wreckerFree MemberDo you not think it reasonable drac? It’s a give and take thing, if my employer decided to only give meleave when they feel like it because they can, whatever could be more reasonable than an employee acting in exactly the same way?
Rule 1 applies to employers too.tjagainFull MemberLester – they do have to pay you ( but only what you have accumulated) Rest of what you say is right but you have a statutory right to holiday pay.
thehustlerFree MemberI’m not sure what would hustler lives in.
MY MANAGER WILL NOT AGREE TO ANY OF THE ANNUAL LEAVE DATES THAT I HAVE SUBMITTED. HOW CAN I RESOLVE THIS?
Consult your contract and staff handbook which should set out your annual leave entitlement. Your contract may also identify any restrictions concerning when annual leave may be taken.Under the Working Time Regulations 1998 (WTR), individuals should normally only be required to give a notice period of twice as long as the leave that they intend to take (e.g. to ask to take a week’s holiday two weeks in advance). However, it is not unusual for holiday entitlements to be subject to the operational requirements of the organisation. Such restrictions might only allow you to take annual leave at certain times of the year, for example at company shutdown times. The organisation may also limit the number of days that may be taken at any one time.
Speak to your manager to see whether you can negotiate a period to take your annual leave which suits both you and the organisation. If annual leave periods are flexible and your manager is refusing any dates you suggest, check whether the dates you suggest coincide with busy periods of work. Talk to work colleagues and find out when they have requested their annual leave for, how much notice they gave and whether your dates clash with theirs, or whether they have suffered similar responses from the manager.
If work colleagues have been granted their requests for leave, and your dates do not coincide with busy periods, then take the matter up with senior management. Speak to your union representative if you are a member of a union. If these informal methods of enquiry fail, you may have to pursue your case through your organisation’s formal grievance procedure.
If, despite raising a formal grievance, your manager refuses you all or part of your leave entitlement (i.e. you are prevented from taking your full quota), consider whether to bring a tribunal claim. Before contacting the employment tribunal, you need to contact ACAS by submitting an Acas Early Conciliation Notification Form under the Early Conciliation rules. It is no longer possible to make a claim in the employment tribunal until you have first taken this step.
There are short deadlines involved in bringing any tribunal claim. See our section on Enforcing your Rights for more information on bringing a tribunal claim.
From the TUC website……..pretty much a longer explanation of what I said above
DracFull MemberI think you misunderstand what it says.
Do you not think it reasonable drac? It’s a give and take thing, if my employer decided to only give meleave when they feel like it because they can, whatever could be more reasonable than an employee acting in exactly the same way?
Flexibility is needed by both, saying I’m taking my holidays then and you can lump isn’t being flexible.
thehustlerFree MemberFlexibility is needed by both, saying I’m taking my holidays then and you can lump isn’t being flexible.
1. they are asking for hols NEXT[/u] year
2
Under the Working Time Regulations 1998 (WTR), individuals should normally only be required to give a notice period of twice as long as the leave that they intend to take (e.g. to ask to take a week’s holiday two weeks in advance). However, it is not unusual for holiday entitlements to be subject to the operational requirements of the organisation. Such restrictions might only allow you to take annual leave at certain times of the year, for example at company shutdown times. The organisation may also limit the number of days that may be taken at any one time.
pretty much covers the reasonable and flexible bit
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