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Agency - Annual Leave Refusal 3 days before flight

Hi all

I'm looking for some advice for a problem my partner has with rejected leave.

She is currently an Agency worker for Manpower who had been on maternity leave from 25/08/2013 – 29/09/2014. She gave her 8 week notice on 05/06/2014 to return to work early so she should have been back at work on the 31/07/2014. Due to delays with Manpower side she didn’t return until the 29/09/2014 as they couldn’t build her shift on the system (a separate issue!)

We booked a holiday in March 2014 for 15th October 2014 and before we booked she called Manpower to check what dates leave was available so she could book it around that. At the time they said that she doesn’t have a schedule built so they could build in the holiday, however it was ok to go ahead and book and it can be overridden once she get back into the office.

Now she’s returned to work on 29/09/2014 and after a week of chasing it with them they are saying they have rejected he leave request (3 days before we’re due to fly) and she has to make a choice not to go or be marked down as unauthorised absence?

Are they allowed to do this – does this fact she’s agency change any of her rights?

Thanks

Comments

  • agrinnall
    agrinnall Posts: 23,344 Forumite
    10,000 Posts Combo Breaker
    As long as the leave is for more than 3 days there's nothing they can do about it, the legal minimum is that leave has to be cancelled at least as far ahead as the duration of that leave - so for a 7 day break, they have to give at least 7 days notice to say you can't go.

    https://www.gov.uk/holiday-entitlement-rights/booking-time-off-
  • cazziebo
    cazziebo Posts: 3,209 Forumite
    Manpower is one of the better agencies and they take field staff complaints very seriously. (They are also different in that they hire on employment contracts not contract for services)

    This sounds like a screw up at the branch. What she should do is email the area manager or ops manager (Linked IN might give you a name, or just call their head office at 01895 205 200 and ask for the right contact)

    Set out clearly what you have said here - the maternity leave, the shift not being scheduled - the leave plans.

    Enjoy your holiday
  • Thank you both for your comments

    agrinnall - not sure if this will make a difference but could they say officially the leave was never booked?

    cazziebo - i think this may be exactly the issue, the person who she spoke to at manpower before booking incorrectly advised of the wrong process leading to this. In my other half defence what else could she have done apart from seek advice from her employee beforehand which she did.

    When she got the call today to say the leave was declined they asked her what is she going to do - not go on holiday or go down as AWOL :mad:


    I'll get her to do just that email someone higher up the chain who will hopefully see reason

    thanks again
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