Partner can't use hols instead of paternity?? Allowed?

shellster80

Hi everyone,

I am due with our first baby on 29th October this year. My partner started a new job with a company in March so he hasn't been working there long enough to qualify for SPP or SPL. This is not a problem in itself but at first one of his bosses said, never mind, it's fine, we'll give it you anyway.
Last week it was decided that actually he couldn't have it anyway and he can have 1 week unoaid and 1 week hols, to which he was annoyed they had changed their mind but said OK fine.
Now they have said that actually company policy says that employees cannot use holidays instead of paternity or sick leave!!!! He can have 1 week unpaid but that is all.
I cannot find a record of any other company that does this. Can they refuse him holidays instead seeing as he isn't entitled to paternity leave? Surely they are his to take as he wishes? It's not as if he's leaving it till the last minute, as he is giving his employers 21 weeks notice of intention to take hols? Can they do this this?

Any help would be appreciated, thanks!!

duchy

I'd give ACAS a call with his contract of employment to hand but most contracts have a get out clause that says holidays must be taken at a mutually agreeable time. Really though it's none of their business WHAT he is using his holidays for.

Speaks volumes for the attitude of the company to their employees though.

When I had our son my husband had three days holiday left -when the three days were up he rang and said he'd like to take a couple more days which they agreed to-then he rang and asked for a further week which they agreed to and to our surprise paid him for the whole lot. It was a small company and his absence left a hole that his collegues had to work harder to fill.

Admittedly he worked his whatsits off for the company usually and contined to do so -probably worked even harder because he appreciated how they treated him.

Some companies really don't "get it" that treating employees decently pays big dividends in the long term

SarEl

This is correct. An employer can "reasonably" refuse to allow you to take holidays at certain times, but they cannot tell you what to use the holiday for. No more than they can make a man take paternity leave and be helpful as opposed to going hang-gliding, or whatever (I know a few women who are NOT huge fans of hubbie under their feet!). The problem is, as it often is, what can you do about it? Your husband can ask for whatever dates he wants for his holiday (without saying why he wants it - that is none of their business) - end of story. If they refuse, it is then up to him whether the refusal is reasonable and therefore he accepts it (like everyone else has also booked the same week) or he thinks it isn't. In which case he would have to submit a grievance and if that doesn't pan out, a tribunal claim. Given he hasn't yet got 12 months employment and has no protection against unfair dismissal, is he willing to risk his job if they refuse? I suspect not - but that is down to him.