Holiday request 1 year in advance? legal?

[Michaaalll]

Dear all,

I need some advice for my mum's case regarding requesting holidays in her new work place.

My mum recently got a new job as a chef in a nursing home and according to her contract of employment she is required to give 2 weeks notice for her holidays. She requested 12 days off in June as my sister is getting married and needs the help her but the manager rejected the request.

Furthermore, the manager said that the nursing home has a rule by which the employees are required to book all holiday days by 31/03/2019 for the whole year ending 31/03/2020, which I believe goes against the 2 weeks notice period within the contract and it seems ridiculous as none of the employees can plan all their holidays one year ahead.

Therefore, I seek advice regarding what action my mum could take and whether it is possible for her to request unpaid leave? and whether the requirement to take all holidays by the mentioned date is in accordance with the employee rights and regulations?

Thank you all in advance!

Michal

 

[Bob Morgan]

Where is that 'Rule' written down?

 

[Newchodge]

The contract term should take precedence. Many companies have stupid 'rules' like this, but, in reality, if someone has outstanding leave that they have not booked a year in advance, they MUSt be allowed to take it. Specifically when they are allowed to take it is a bigger problem.as the employer may have periods when taking leave is not feasible - school employees, for example, are usually prevented from taking leave duting term time.

What reason, for this specific request, has been given for the refusal?

 

[Michaaalll]

Where is that 'Rule' written down?

Hi Bob,

The manager told my mum about the rule in a staff supervision meeting and said that the rule is on the "system", and on the supervision record he stated that any unrequested annual leave will be allocated over the mentioned period and staff is only allowed to change their annual leave no later than six weeks in advance of the start of the month of the annual leave.

 

[Michaaalll]

The contract term should take precedence. Many companies have stupid 'rules' like this, but, in reality, if someone has outstanding leave that they have not booked a year in advance, they MUSt be allowed to take it. Specifically when they are allowed to take it is a bigger problem.as the employer may have periods when taking leave is not feasible - school employees, for example, are usually prevented from taking leave duting term time.

What reason, for this specific request, has been given for the refusal?

Hi Newchodge,

As I have replied to the other post the manager stated that any unrequested annual leave will be allocated over the mentioned period and staff is only allowed to change their annual leave no later than six weeks in advance of the start of the month of the annual leave, and none of this has been mentioned in the interview or the contract.

In terms of the reason, the rejection was due to "unavailability of weeks due to department pre booking". However, the actual issue is that the only kitchen assistant has few days off throughout the 12 days requested and the manager want my mum to cover, as they have an issue with not enough kitchen staff thus holiday taking is always troublesome.

 

[Newchodge]

Needing cover is a valid reason to refuse a holiday request, even if it is caused by a staff shortage. This does, though, sound like a bad employer - making up rules to suit, not being able to retain staff etc. I suggest she looks for a better employer.

 

[Awinner2]

It seems that from the employers perspective, they fell unable to grant leave when another staff member in the same kitchen team has already been given leave. Quite understandable and normal business practice.

 

[alan1302]

It seems that from the employers perspective, they fell unable to grant leave when another staff member in the same kitchen team has already been given leave. Quite understandable and normal business practice.

What other staff member? They just said they had been refused.

 

[Michaaalll]

What other staff member? They just said they had been refused.

Hi Alan,

The other staff member who booked few days off is a kitchen assistant and my mum is the second main chef.