Refused holiday/time off

Zorz_2

This is on behalf of a friend:

A few weeks ago, he started working for a new employer (a big name in the high street). Being a part time student, he needs to take a couple weeks off, around the end of next month. Before starting, even at the interview stage, he specifically informed them about this and they said they had no problem with this arrangement.

However, now that he is exactly aware of the days he need to take off and asked for the leave, they refused on the basis that new employees during their probational period cannot take holidays. He is aware that he may have not built up by then a paid holiday entitlement, but all he asks for is unpaid leave for an prearranged obligation that he has.

It goes without saying that he is really distressed, because he actually likes his new job and it pays a lot better than his previous one, yet he may actually have to quit! Personally, I find this ridiculous since he tried to give them ample notice and especially since he informed them from the start and was told that they would be accomodating for his circumstances.

I haven't encountered this situation myself before, so I do not know where he stands. He hasn't been given yet an employee handbook or something similar from the company, so we don't know exactly their exact policy.

Any advice would be most welcome!

19lottie82

Prob not what he wants to hear but there is nothing he can do I'm afraid. Employers can dictate when their staff can take their holidays and can even cancel pre booked ones providing the give the required notice.

I understand he feels angry after being told he cold take the holidays before he accepted the job but again there's not a lot he can do.

If I was in his situation I would try speaking to a manager again, give all the details and hope that he can appeal to their better nature.

Annisele

Even if the employer had agreed in writing to let him have those particular dates, it could still (quite legally) change its mind. It'd have to give him some notice it had changed its mind - but if we're talking the end of next month, the employer has given all the notice it needs to give.

I agree with lottie; all he can really do is speak to a manager and hope.

zzzLazyDaisy

Bear in mind also that during the first two years of service the employee has very few rights and can be dismissed for no reason, even if they haven't done anything wrong as long as the reason doesn't amount to unlawful discrimination (age, sex, race, disability etc).

Savvy_Sue

Is he being refused by people who interviewed him? If not it MAY be worth writing in to check his understanding, that even though X and Y stated at interview that he could take this time off, he is now being told that as a probationer he is not allowed to do so.

For me, it's the "you can't because you're on probation" which would give me some limited hope - if they were saying "you can't because we can't spare you" he'd be stuffed, for all the reasons given above.

Zorz_2

Savvy_Sue wrote: »

Is he being refused by people who interviewed him?

I don't know this, have to ask.

For me, it's the "you can't because you're on probation" which would give me some limited hope - if they were saying "you can't because we can't spare you" he'd be stuffed, for all the reasons given above.

From what I'm told, it looks so far a "computer says no" problem.

getmore4less

Always a good idea to get the agreed holidays in writing.

The accceptance letter is a good opportunity.

A good employer will try to oblige and it may be that the local management are not aware of the agreement that was made during the interview.

Zorz_2

Just to let you know that eventually he got the holiday.

The problem turned out to be that their system doesn't allow by default holidays to be allocated to new recruits and his immediate manager was not present in the interviews (where he asked for this and was told it would be ok), so someone had to go on top of this and do it manually.

Thank you for your suggestions.:T