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Can my boss prioritise annual leave allocation for those with kids first?

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Is this legal? I haven't found anything in the company handbook about it but my boss has allowed everyone who has children to put their leave in for Christmas first and it has all been approved meaning that those of us who haven't gotten around to having kids yet have to come in for the three days between Xmas and New Year.

Just seems really unfair.
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Comments

  • tizerbelle
    tizerbelle Posts: 1,921 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    Is it legal? Yes -they can decide who gets what holidays when and they are not treating employees with a protected characteristic (having children) less favourably than other employees.

    The fact those without children are being treated less favourably is entirely lawful unless all those who have got the holidays are female and all those who haven't are male - then it could be gender discrimination.
  • System
    System Posts: 178,347 Community Admin
    10,000 Posts Photogenic Name Dropper
    One former employer told us with no school aged kids or partner works in a school or college, to try not to book leave during school holidays. We could book the odd few days such as the Friday before a wedding, if it's a fair distance.

    Your employer should have let all employees to book annual leave at the same time, with a note saying those with kids and partners in education sector get school holidays priority. I never booked school holidays. I go on the school websites to find the term dates

    Most employees with no school aged kids book term time off as if they do go on holiday, it's cheaper
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • It's lawful but not fair. People with children should not get automatic priority but many employers don't see it that way.
  • TELLIT01
    TELLIT01 Posts: 17,992 Forumite
    Tenth Anniversary 10,000 Posts Name Dropper PPI Party Pooper
    melysion wrote: »
    It's lawful but not fair. People with children should not get automatic priority but many employers don't see it that way.

    Agree totally with this. Having children is a lifestyle choice just like every other choice in life. I generally try to avoid school holidays, but giving preferential treatment to those with children around Christmas is simply unfair.
    It's rare for my wife and I to both get a full break at Christmas, but we've managed this year and plan to go up to see relatives in Scotland. There was still huffing and puffing from some quarters about me getting the time off. No comment of course in previous years when I have given up leave over the same period.
  • bossymoo
    bossymoo Posts: 6,924 Forumite
    1,000 Posts Combo Breaker
    However on a practical note, often a lack of childcare availability in the christmas holidays can prevent a parent from working.
    Bossymoo

    Away with the fairies :beer:
  • It could in fact potentially be discriminatory on grounds of age, since significantly fewer older people are likely to have kids of school age. Maybe take advice from http://www.disabilityrightsuk.org/how-we-can-help/helplines/equality-advisory-support-service
    Ex board guide. Signature now changed (if you know, you know).
  • bossymoo wrote: »
    However on a practical note, often a lack of childcare availability in the christmas holidays can prevent a parent from working.
    But this is not the employers issue.

    Jobbing musician has it correct and employers would be sensible to not choose holidays based around having children or not.
    Don't trust a forum for advice. Get proper paid advice. Any advice given should always be checked
  • Spoke to HR and it wasn't company policy so they spoke with the manager and have cancelled everyone's leave and asked everyone who wants the three days over Xmas to submit it and I guess its going to be a lottery as to who gets it rather than based on lifestyle choices.
  • custardy
    custardy Posts: 38,365 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Deary me. Thought people would simply work this amongst themselves.
    Over the years I generally took the new year over the xmas with no kids.
    Now I have a kid I would prefer the xmas.
    Regardless of method,no doubt someone will be put out of joint.
    I assume it will only be seen as 'fair' if no parents get xmas off.
  • richdeniro wrote: »
    Spoke to HR and it wasn't company policy so they spoke with the manager and have cancelled everyone's leave and asked everyone who wants the three days over Xmas to submit it and I guess its going to be a lottery as to who gets it rather than based on lifestyle choices.

    Fair play but I hope it doesn't come out that it was you that mentioned it!!!
    Don't trust a forum for advice. Get proper paid advice. Any advice given should always be checked
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