Employment law question

[Garage_Doors]

by not granting these resonable holiday requests they are not only in breach of thier (our) employment law but also they will be breaking health and safety policies.

How are they breaking health and safety policies by not granting these reasonable holiday requests?

 

[Arthur]

Subtlety isn't your strong point is it ?There is a world of difference between taking advice and threatening legal action.

By talking to a solicitor what are your intended actions? You're not paying the fella £150 an hour to wank you off!

I think you will find that good employees will vote with their feet, if they find that they are working for a Grade A twat of a boss and the company does not want to address this.

I don't know one person that has ever worked in the private sector that has voted with their feet. People might have left, but that is their prerogative and always there are people to come in and replace them especially in the current climate. Like it or not it's the way of the world.

There are two ways to get ahead in life, either work for yourself or work for a company that values your input.

And which one did you choose?

What you might see as a minor issue the employee might see as an important issue.

Having a day off is a minor issue. If as an employee you know your leave runs from A to B and when you are getting close to B you haven't taken your entitlement and their are others in the same boat then you've only got yourself to blame when they turn down your leave request.

A few years ago, I was docked 3 days pay for the time I took off after an operation. After I'd pointed out the failings of the company to my boss, he backed down and paid me my money. I'd like to think that he learnt from the experience, but unfortunately, he'd ignored employment laws with others throughout the time I was employed there and the others took your advice of keeping their heads down and working hard and just accepting that he could make up the rules as he went along. I now have a better job. None of those who were walked over have progressed their careers.

I've never had a days work docked from my pay nor have I docked anyone I wanted to keep. Sounds like it worked out for the best for all parties.

Thank you for cheering me up. I was naive enough to think that being a brown nose to the boss was a bit Victorian. I notice you haven't advertised your company....surely a marketing mis-hap from such a people based organisation.

When have I suggested brown nosing the boss? I've suggested working hard, something people don't seem to want to do these days. They are too busy trying to sue people by the sounds of it.

 

[Westdene Seagull]

Having a day off is a minor issue. If as an employee you know your leave runs from A to B and when you are getting close to B you haven't taken your entitlement and their are others in the same boat then you've only got yourself to blame when they turn down your leave request.

Re-read the original post it's NOT about a single day off - it's about their employer preventing them taking what is rightly theirs thus forcing them to lose it at the end year.

I'm certainly glad I don't work for you !

 

[Woodchip]

Ah, Arthur wants to be surrounded by Yes Men. Always the signs of a weak manager if they can't take anyone around then standing up for themselves.

 

[seagullsovergrimsby]

How are they breaking health and safety policies by not granting these reasonable holiday requests?

Not allowing a person to take time off when needed can lead to mental health issues , a week or two away from the workplace maybe all that is needed to relieve built up stress and anxiety without resorting to medication.

 

[Garage_Doors]

Not allowing a person to take time off when needed can lead to mental health issues , a week or two away from the workplace maybe all that is needed to relieve built up stress and anxiety without resorting to medication.

Hear what you say, but that doesn't actually come on H&S Jurisdiction does it? if so who do i sue as a self employed person who on the basis, if i don't work i don't get paid and as a result only have max 4 days off per year.
How did the Victorians cope with 18 hour days.FFS

 

[Lord Bracknell]

I've never had a days work docked from my pay nor have I docked anyone I wanted to keep. Sounds like it worked out for the best for all parties.

If I was you, I'd be VERY CAREFUL not to let anyone know the name of the organisation that you work for. This post is a public admission that, whenever you dock any pay from any of the staff you manage, it is because you want to get rid of them. I suggest you read up the case law on constructive dismissal and prepare for the expensive processes that an Employment Tribunal can lay in front of employers.

 

[Cars]

The basics on holiday entitlements are set out here:-

Holiday entitlement - GOV.UK

My understanding is this:- A full time worker is entitled to 28 working days paid leave each year. This takes into account public holidays. Employers are usually entitled to have some say in when holidays will actually be taken. In particular, they are entitled to manage holidays in a way that ensures that the organisation can function effectively throughout the year. This can involve refusing particular requests for paid time off. But no employer is allowed to deny an individual leave to the point at which pay in lieu of leave is the only option that is offered.

Part-time workers have the same basic entitlements, but pro-rata to full-time workers.

Unfortunately, employers don't have to grant public holidays off to employees. Nor do they have to pay them overtime if they are made to work them.

Time off for public holidays is completely at the companies discretion.

I know this as I went through my union in my previous job, as I didn't get bank holidays off or overtime/ lieu days. I didn't have a leg to stand on.

So in the case of the OP, it's possible this could be an implication. In regards of entitlement/ days actually used.

 

[Dandyman]

My son works for a national tyre firm and along with the other staff are always trying to book holiday`s.

When trying to book these they are always being told they cannot have them and that will result in the Holdays being lost at the end of the year.

There`s been talk of the company paying them any days holiday they have left at the end of the year, but i thought that was ilegal.

Any thoughts ?

Cheers.

The company can refuse a request at a given time but if they are simply trying to prevent your son taking contractual leave at any time, then they are both in breach of contract and in breach of law. The company paying him or his work mates in lieu of leave is slightly complicated but in general terms would be a breach of the Working Time Regulations.

I would suggest your son and his colleagues ask their employer in advance when they will be allowed to take their leave and point out that a refusal to let them take leave at some point in their contractual leave year would be illegal.

 

[Westdene Seagull]

Unfortunately, employers don't have to grant public holidays off to employees. Nor do they have to pay them overtime if they are made to work them.

Time off for public holidays is completely at the companies discretion.

I know this as I went through my union in my previous job, as I didn't get bank holidays off or overtime/ lieu days. I didn't have a leg to stand on.

So in the case of the OP, it's possible this could be an implication. In regards of entitlement/ days actually used.

Agreed BUT they do have to give you 28 days PAID leave a year, it's just that most of them include Bank Holidays in that.

 

[seagullsovergrimsby]

Hear what you say, but that doesn't actually come on H&S Jurisdiction does it? if so who do i sue as a self employed person who on the basis, if i don't work i don't get paid and as a result only have max 4 days off per year.
How did the Victorians cope with 18 hour days.FFS

It could be if they go "postal" and kill a few of their work colleagues Being self employed you don't have the bother of booking paid holidays with your employer.

 

[SULLY COULDNT SHOOT]

The company can refuse a request at a given time but if they are simply trying to prevent your son taking contractual leave at any time, then they are both in breach of contract and in breach of law. The company paying him or his work mates in lieu of leave is slightly complicated but in general terms would be a breach of the Working Time Regulations.

I would suggest your son and his colleagues ask their employer in advance when they will be allowed to take their leave and point out that a refusal to let them take leave at some point in their contractual leave year would be illegal.

This is about right. However, the company needs to provide good reason why they are refusing leave at that time or they may find themselves open to a legal challenge. For example, teachers cannot have holiday leave during term time unless for very specific reasons... e.g. compassionate leave. If the son, for example kept asking for a holiday during the high season when they may not be adequate cover, its quite possible that he would not be able to say his entitlement was denied to him if that was the only time he asked for a holiday and the company (for them, justifiably) refused him.

 

[Garage_Doors]

It could be if they go "postal" and kill a few of their work colleagues Being self employed you don't have the bother of booking paid holidays with your employer.

Fair point but with a wife who works in a school it makes for expense holidays
Was looking to book one for my birthday next year which came in at £1500 but it a week before half term, so booking a week later to fit it during half time came in at £3200 ! And I don't get paid holidays.

 

[Lord Bracknell]

How did the Victorians cope with 18 hour days.FFS

By forming trade unions and campaigning (successfully) for the law to be changed.

 

[Garage_Doors]

By forming trade unions and campaigning (successfully) for the law to be changed.

Thus the beginning when Britain ceased to be Great.

 

[Arthur]

Re-read the original post it's NOT about a single day off - it's about their employer preventing them taking what is rightly theirs thus forcing them to lose it at the end year.

I'm certainly glad I don't work for you !

And re-read my original post. I wasn't even commenting about the original post just that some divot told the bloke to take legal advice!!

Ah, Arthur wants to be surrounded by Yes Men. Always the signs of a weak manager if they can't take anyone around then standing up for themselves.

You couldn't be further from the truth if you tried!

If I was you, I'd be VERY CAREFUL not to let anyone know the name of the organisation that you work for. This post is a public admission that, whenever you dock any pay from any of the staff you manage, it is because you want to get rid of them. I suggest you read up the case law on constructive dismissal and prepare for the expensive processes that an Employment Tribunal can lay in front of employers.

Because of what? What have I said? People who are worth keeping you look after, people who aren't you don't.

I tried to invest in some of the youngsters on here, but I got that firmly thrown back in my face so you live and learn......Actually I don't, I try and help people on here all the time, this thread being the casing point, yet all I seem to get is abuse!

Anyone on here who has any sense listen to me, everyone else.....good luck!

 

[Lord Bracknell]

I try and help people on here all the time, this thread being the casing point, yet all I seem to get is abuse!

Pedant alert ...

A casing point is a term used in petroleum engineering to mean the location in a well at which the casing is set; it usually corresponds to the depth at which the casing shoe has been positioned.

A case in point is a specific example of what one is talking about.