Declined annual leave - is this legal?

helly84

My employer declined my request for annual leave 6.5 days before I was due to take it. I was due to take 7 working days of annual leave over a 9-day period. I don't think they have given me enough notice according to literature I can find on the subject, but I'm not 100% sure on this.

Although I requested the leave three months ago through the correct system, apparently I missed a deadline - all holiday for the period October-December had to be requested by the end of June and I submitted this request in July.

However, another person on my team requested leave for the same period in September ago and hers was approved immediately. This feels like unfair treatment. The fact that she is also off during this period is being cited as the reason I cannot take my leave.

Does anyone know where do I stand?

anamenottaken

helly84 wrote: »

My employer declined my request for annual leave 6.5 days before I was due to take it. I was due to take 7 working days of annual leave over a 9-day period. I don't think they have given me enough notice according to literature I can find on the subject, but I'm not 100% sure on this.

Although I requested the leave three months ago through the correct system, apparently I missed a deadline - all holiday for the period October-December had to be requested by the end of June and I submitted this request in July.

However, another person on my team requested leave for the same period in September ago and hers was approved immediately. This feels like unfair treatment. The fact that she is also off during this period is being cited as the reason I cannot take my leave.

Does anyone know where do I stand?

What date was your holiday due to start?
Is it 7 working days over a 9 day period because that includes a weekend (or whatever would be your normal non-working days)?
What date did they tell you that you could not take the holiday?
Do you have written evidence of your request, evidence of it ever being granted, that they have now denied the holiday?

Undervalued

Legally, what the other person was or was not allowed is irrelevant. An employer can discriminate in any way they please as long as it is not for one of the few reasons prohibited by law (race, gender etc).

Regarding your position. Technically they have not given enough notice to cancel leave that has been booked. However, I suspect from what you say, they will argue that you have not booked it in accordance with the rules and therefore it is not booked.

Regardless of this you do need to balance standing on your "rights" against the overall relationship with your employer.

How long have you worked there?

helly84

Thanks for your replies.

They told me around midday on Thursday 9th October that my request had been declined and my first day of annual leave was due to be this Thursday 16th October. My last day of annual leave was due to be Friday 24th October, so 7 working days but 9 elapsed days (with two of them being weekend days).

I have written evidence of my request - it all goes through an automated system - back in July, but they never authorised the request. However, they usually don't authorise leave. I have taken annual leave before when it was never officially authorised through the system and some of my colleagues have never once had their annual leave authorised.

I've worked for the group for over 3 years and for this division for 6 months. I have 3 years' continuous service.

My line manager has said (in writing) this week that she thinks I should be allowed the time off and that I need the break. I feel I've been reasonable at every stage with my employer - since I'm due to fly to a city where my company has an office, I have offered to work full-time in that office while I'm out there. This has been declined.

I've also offered to change my flights to a time that suits the company better if the company pays for the flight change cost, but this has also been declined.

Horace

An employer can refuse holiday when it does not fit with their working requirements, it could be that they could be understaffed with other people on holiday at the same time as you or it could be the amount of work that they have.

Surely, you would have checked on the holiday request that you submitted in July before now?

helly84

I did check, but holiday is almost never approved. I thought it was enough to request it as, this is what I - and others - usually do. Holiday is usually not approved and is fine to take.

According to You Gov, legally, they have to give me at least as many days' notice as I'm taking off. I'm taking off 7 days and they gave me 6.5 days' notice.

anamenottaken

helly84 wrote: »

. . .
They told me around midday on Thursday 9th October that my request had been declined and my first day of annual leave was due to be this Thursday 16th October. .

You are right that technically they appear not to have given you sufficient notice of the withdrawal of approval for the holiday - but they could argue that it was never approved. Given that you said that the request was declined (rather than withdrawn), that would give some weight to their insistence that they never approved the request.

Even if they had agreed the leave, there is still a way, even now, for them to deny you the holidays.

Perhaps your way forward would be to raise a grievance, citing "custom and practice" regarding not having received formal written approval for the holiday request. If the other person on leave at the time you wanted but who booked later could do the same work as you, then that might aid your cause. If they could not be a direct substitute for you then their different treatment is of little use to you.

What do other forumites think about raising a grievance? (As you have over two years' service with the organisation, you have some protection from unfair dismissal.

To give some perspective to this, what would be your financial loss if you were not able to take the holiday?

When does your holiday year end? Will you be able to take your full, statutory, entitlement before that year end?

Savvy_Sue

As your line manager supports you, I'd go for the grievance ...

And join the union ....

helly84

They never approved it - they just ignored the request until now. Arguably I should have chased it, but then my leave has never been approved or denied before. Normally you just request it, clear it with your team-mates, then take it.

My colleague who's taking time off at the same time can definitely cover for me - in fact, it's because she's also off that I'm being denied my holiday.

anamenottaken, you say they can deny holiday right up until the day I leave, but is definitely this the case? Everywhere I read it says they have to give me as many days' notice as I'm taking off, which they haven't.

Thanks so much for all your help so far! It definitely sounds like I should raise a grievance...

anamenottaken

helly84 wrote: »

anamenottaken, you say they can deny holiday right up until the day I leave, but is definitely this the case? Everywhere I read it says they have to give me as many days' notice as I'm taking off, which they haven't.

...

That's not quite what I said. Your holiday was not due to start until 16 October and I said "there is still a way, even now".

getmore4less

work out what went on as you have a colleague with "approved" holidays but normally they never get approved.

Is there some favouritism going on.

Who approves holidays?

the date is not a coincidence