Holidays and Employers

[Olf]

My brother works for one of the major national retailers. He's just asked if he can have some time of at the end of September, just three days. He's well within his holiday allowance. They've said no. They haven't advised him of any special events or company needs at that time. Just a flat no.

I've told him to put his request in writing and if necessary elevate it to a regional HR type bod.

Am I right in saying that they can't just say no without giving a damn good reason wither such a decent amount of notice he's giving them?

[okgo]

I don't know business law, but it seems very unreasonable to me.

And I would echo your thoughts on taking it further.

[siscar]

Legally the employer can control when you have your holiday so it is perfectly legal to say no to a specific request. Pretty stupid not to explain why, but legal.

[Olf]

I can't believe that. Seems crazy. Thanks for the info though.

Work to rule time then seeing as he puts so much extra effort in for them.

[spikeyhead]

Olf said:

I can't believe that. Seems crazy. Thanks for the info though.

Work to rule time then seeing as he puts so much extra effort in for them.

Its one of those things that separates good managers from bad.

"can I have such and such dates as holiday?"
"Sorry, Fred and Harry are already out that week," and the employee understands. This supposes that the manager doesn't want to manage the employee out the door.

[fido]

If you were not feeling well on one of those days, then it would be legal for you not to go into work. As those long summer days turn into autumn it's easily to catch a cold. Just a thought.

[Crash Test Dummy]

fido said:

If you were not feeling well on one of those days, then it would be legal for you not to go into work. As those long summer days turn into autumn it's easily to catch a cold. Just a thought.

I don't reccomend pulling a sickie on the same days you were refused time off

[fido]

Crash Test Dummy said:

fido said:

If you were not feeling well on one of those days, then it would be legal for you not to go into work. As those long summer days turn into autumn it's easily to catch a cold. Just a thought.

I don't reccomend pulling a sickie on the same days you were refused time off

It wouldn't have to be on exactly the same days, but if they can't be bothered to give a simple reason ...

[RichBurley]

siscar said:

Legally the employer can control when you have your holiday so it is perfectly legal to say no to a specific request. Pretty stupid not to explain why, but legal.

What law makes it legal? The legislation permits an employee to have (currently) 4.8 weeks holiday per year. In the absence of a reason why time off cannot be taken, the employer should say yes to a request. A "no" answer could be deemed as victimisation and could lead to problems on the part of the employer.

[ClioKarl]

RichBurley said:

siscar said:

Legally the employer can control when you have your holiday so it is perfectly legal to say no to a specific request. Pretty stupid not to explain why, but legal.

What law makes it legal? The legislation permits an employee to have (currently) 4.8 weeks holiday per year. In the absence of a reason why time off cannot be taken, the employer should say yes to a request. A "no" answer could be deemed as victimisation and could lead to problems on the part of the employer.

It's perfectly legal to refuse time off, providing you're not victimising the employee i.e. refusing without a valid reason, like business needs.

As has been said, if a flat refusal without explanation that's a bit off. Can your brother not simply ask for the reason?

[falcemob]

We have to book holidays well in advance for the summer so cover can be arranged, I've had a few holidays knocked back due to lateness of booking them but I do normally get an explanation why.

[cs02rm0]

I've never been refused holiday, recently a manager tried to make half my holiday conditional. I didn't like that, neither did his boss fortunately or I think that would be enough for me to move on.

[wiz 1]

We had a memo a while back telling us no holidays were to be taken for 4 months. Not asking, telling. Joined the union a few days later. Never been a member before but with management like ours i like the idea of legal back up.

[siscar]

RichBurley said:

siscar said:

Legally the employer can control when you have your holiday so it is perfectly legal to say no to a specific request. Pretty stupid not to explain why, but legal.

What law makes it legal? The legislation permits an employee to have (currently) 4.8 weeks holiday per year. In the absence of a reason why time off cannot be taken, the employer should say yes to a request. A "no" answer could be deemed as victimisation and could lead to problems on the part of the employer.

There is no legislation that says an employer has to grant a holiday request and none that says that they have to explain why they have refused a request. In fact they can not only refuse a request, they can make you take holiday at a time of their choosing.

Victimisation only kicks in if the individual have been treated differently to others, if everyone is treated the same it isn't victimisation.

Having said that it's pretty stupid not to give reasons - in fact it's pretty stupid not to have a very clear policy on when time off will and won't be granted.

[Olf]

siscar said:

RichBurley said:

siscar said:

Legally the employer can control when you have your holiday so it is perfectly legal to say no to a specific request. Pretty stupid not to explain why, but legal.

What law makes it legal? The legislation permits an employee to have (currently) 4.8 weeks holiday per year. In the absence of a reason why time off cannot be taken, the employer should say yes to a request. A "no" answer could be deemed as victimisation and could lead to problems on the part of the employer.

There is no legislation that says an employer has to grant a holiday request and none that says that they have to explain why they have refused a request. In fact they can not only refuse a request, they can make you take holiday at a time of their choosing.

Victimisation only kicks in if the individual have been treated differently to others, if everyone is treated the same it isn't victimisation.

Having said that it's pretty stupid not to give reasons - in fact it's pretty stupid not to have a very clear policy on when time off will and won't be granted.

Hmmm, National retailer with local lower management nazis. I'll get him to put a letter asking for reasons. How somebody the scale of this can say they can't let by brother have hols is just stupid,