Taking leave

[martin1974]

As of next week I will be the only employee of the company I work for. Can my employer refuse to allow me time off (holiday) just because I am the only member of staff?

It is only a small company and previously there were two but my employer has already said that considering the current economy he has no intention of replacing the leaver, and as such I am now having to try and do everything myself, a situation I have already expressed my concerns about to my employer. The response to which was essentially "Tough", this does not fill me with confidence.

 

[Wowee]

Your employer cannot refuse you all holiday. You are currently legally entitled to 4.8 weeks holiday per year (pro-rata for part time), and this goes up to 5.6 weeks after next April.

Your employer can, however, dictate when you take that holiday.

 

[LimeHR]

Your employer can refuse leave once you have applied for it and the rules regarding this are contained in an excellent advice booklet for employees published by ACAS. The circumstances are on page 4.

An employer can also refuse leave at certain times of the year etc but this must be done via contract or custom and practice. Generally the more notice the employer has the better and an employer falls foul of employment law if there is a continual refusal for leave over a period of time.

In the current climate employees should be encouraged to work with their employer over work loads and continued job security and in small companies this requires open and honest dialogue. If this is not possible with your employer then consider a call to ACAS or post on here for further information.