New employer has rejected holiday

Alice_Walker

tir21 wrote: »

I think your use of the word 'dictate' sums up what type of employer you would be or are

An effective one. I had a high retention rate and everyone knew where they stood.

Takeaway_Addict wrote: »

Really? I don't see where you said it was or was not acceptable for the new employee to antagonise the employer.

Some employees make a career out of it

Undervalued

tir21 wrote: »

I don't personally regard that as a good enough reason - it's to vague and nonexplanatory. Its treating the employee with a lack of compassion.

All businesses need their employees or they wouldn't employ them. So the needs of the business argument could be used to turn down all holiday requests - which would result in the employer breaking the law

What is needed is an explanation why the employee couldn't have this time off with comparison to say holiday in January that they could have off

No it wouldn't!

As long as each employee was able to take their statutory holiday entitlement at some point during the year that is all the law requires.

Taken literally, it is perfectly lawful for an employer to close for 28 days per year and insist that all employees take their holiday then and at no other time!

I don't disagree that a more courteous response and / or an explanation would be nice but, legally, the employer is under no obligation to give one.

As I said earlier I am afraid that the fault here lies 99% or more with the OP's wife. To take a job and just assume that (presumably) two weeks holiday will be granted three months in was foolhardy in the extreme. Particularly as she will not even have accrued the necessary amount of holiday by then.

Marvel1

Personally I would have brought up in the interview.

TyreLever

Says it all as to what this company is like to work for.

Also with regards to prebooked holiday, its a good idea to mention it to them at the end of an interview. Certainly before any induction etc. If the holiday has already been arranged then there is little the employer can do as they are legally required to honour prebooked holidays provided they are notified before the start of employment.

In my current job, I ended up going away for 2 weeks on a training course but had only been in employment for 1 week. I did mention this at the agency before being taken on.

sjbrun

TyreLever wrote: »

Says it all as to what this company is like to work for.

Also with regards to prebooked holiday, its a good idea to mention it to them at the end of an interview. Certainly before any induction etc. If the holiday has already been arranged then there is little the employer can do as they are legally required to honour prebooked holidays provided they are notified before the start of employment.

In my current job, I ended up going away for 2 weeks on a training course but had only been in employment for 1 week. I did mention this at the agency before being taken on.

And in this case the employer was not notified before job acceptance so they don't have to honor it.

LittleVoice

TyreLever wrote: »

If the holiday has already been arranged then there is little the employer can do as they are legally required to honour prebooked holidays provided they are notified before the start of employment.

Given that employers are able even to cancel holiday they have agreed to as long as they give the necessary notice, I wonder where you are finding proof of this legal requirement to honour prebooked holidays?

bugslet

TyreLever wrote: »

. Certainly before any induction etc. If the holiday has already been arranged then there is little the employer can do as they are legally required to honour prebooked holidays provided they are notified before the start of employment.

.

No they aren't legally required at all.

In an ideal world, the new starter would mention in either the interview or upon being told they had got the job, that they had a holiday booked.

And again in an ideal world, the employer would either then say, OK that's fine, or if it wasn't ( which could well be for legitimate business reasons ), I'm sorry you can't have those two weeks off because Phoebe and Esmerelda already have those days off and if you have that time off, there'll be no-one in payroll/we have a no holiday in December rule.

mirko

Has she been told why the holiday was rejected?

If I requested holiday and it was rejected I'd like a reason why.

Undervalued

TyreLever wrote: »

Also with regards to prebooked holiday, its a good idea to mention it to them at the end of an interview. Certainly before any induction etc. If the holiday has already been arranged then there is little the employer can do as they are legally required to honour prebooked holidays provided they are notified before the start of employment.

No they are not!

Had the OP's wife told the employer about the need to have holiday at that time, prior to accepting the job, she could have made it a condition of her acceptance. If the employer still agreed to employ subject to that condition then, and only then, would there be a contractual agreement.

Had that happened and the employer then reneged on the agreement she would, in theory at least, have a claim against them. Although she would likely have won that claim I wouldn't put a lot of money on her long term job security!

DCFC79

prowla wrote: »

Seems like the OP isn't posting a lot here.

Unless I missed it, how many days holiday is being requested.

Don't worry you haven't missed it as it wasn't mentioned.