Employer unwilling to grant paid leave

[JCDenton]

The following situation resides in the UK....

I am currently working for a local supermarket and have requested leave during the christmas period which they have refused. I have plenty of 'paid leave' days, which is not the problem, but their reasoning is that they cannot allow employees to take up their leave as it is a very busy period and if they would grant me leave that would be preferential treatmeant as I have had last year off and other employees are also refused leave during this period.

Is it legal to refuse leave when the notification period allows them to prepare?

thanx, JC

 

[rmet4nzkx]

Forum is for US laws only.

 

[cbg]

However, I will give you the answer based in US law. You will have to look elsewhere for the answer in the UK, sorry.

In the US, it is absolutely legal for an employer to deny vacation leave, particularly in a busy season, no matter how much notification is given.

 

[JCDenton]

thanx. Sounds like bad news as it makes sense in one way... on the other hand it seens as if they're free to dicate your personal life too...

Maybe I can convince them on moral grounds.

I got the impression that it was soley american... the state notification thing only endorsed it... but thought i'd give it a try - maybe the odd brit would be browsing here...

thanx

 

[cbg]

Look at it this way: The employer is not dictating your personal life; he is dictating HIS business.

I can't speak for the UK. But in the US, vacation time is not a statutory right. It is entirely up to the employer whether or not to allow paid (or unpaid)vacation time at all; there is nothing in the law that requires it. As such, the employer is allowed to say when the vacation time can be taken. They are allowed to have blackout periods where no vacation time can be taken, because their business needs require that everyone be present. He's declaring how he is going to run his business. You can either accept that, or find another job where you can take your vacation time during the period that you want. It's your choice and your freedom.

I don't know any forums for UK employment law. But on another board where I post, we have one British member. If she happens to wander by in the next day or so, I'll run your question by her and post back.

 

[JCDenton]

Thanx for the reply. Seems like a pleasant community disregarding inital response.
I totally comprehend your point but as refusing my leave would mean I will be unable to see my family and one brother for another year I hope they feel they have a moral obligation to put their "tesco team" ideology into practices also when it doesn't suit them.

 

[cbg]

I've left a message for my Brit law compatriot. Hopefully, she'll see it and get back to us.

 

[cbg]

According to my British counterpart, your employer has every legal right to deny leave at any time they find it necessary, regardless of how many days you may have available. She says you will no doubt find this in your handbook.

My geographically closest family member lives nearly 400 miles away, and my brothers live several thousand miles away. So it's not that I don't understand your position. But I'm afraid I can't agree that an employer has a moral obligation to give you leave during a blackout period if that's the only way you can see your family. An employer's obligation is to do the best thing for his business, which is, in the long run, going to be what's best for his employees. An employer who always provides what his employees ask for to the detriment of the business, may have happy employees but won't be in business long.

 

[JCDenton]

Naturally your point makes sense and it would be hard to dispute it.
Thanx for your help.
I will post the final outcome, incase you're interested.

 

[Dandy Don]

You need to be discussing this with a local labor law or employment law attorney in your city to get the best advice. And suggest to your employer that they hire a temporary worker that you could train before you leave to substitute while you are gone.

 

[cbg]

And why should he be contacting a lawyer, Don? No laws have been broken - under either country's laws.

 

[JCDenton]

I better reveal the job I'm doing:
Trolley Boy at the local supermarket!
Its not a skilled job but when you're all day at a computer some physical labour helps to keep the balance...
It makes it a lot easier to temporary replace me as im 1 of about 6 and as its during the xmas period there are plenty of students to take over...

 

[cbg]

Understand but it doesn't change the fact that they have no legal obligation to give you the time off.