Legal advice re. parental working and annual leave needed

[Jessie]

My employers have made a new rule up this year stating none of us are allowed to take annual leave in September or October (it being traditionally a busy time of the year). My son starts school in September and there is half term in October, so I have requested 3 days off in September to settle him into school and 3 days off in October to cover my share of half term with his dad (we're separated). But my work are not allowing me to do this, and not being at all empathic/sympathetic. Can anyone help me out as to whether they are in breach of some kind of law here? There's nothing in our contracts about this new rule; I have 19 days of annual leave to take before Xmas so it's not like I've run out of holiday to take. My own work-load is busier now and in August than any other time in the year so the reasoning behind it is not even relevant to me. Very stressed/distressed about this (more school problems for us arggh) so if anyone can give me advice, I'd be v grateful.

Thanks,

Jess

[KM]

Hi Jess,

Sounds like a nightmare. You could try contacting the working families charity for advice... tel 0800 013 0313 or email advice@workingfamilies.org.uk - they should be up to speed on the law relating this.

Failing that, if you need to seek and pay for proper legal advice, your home insurer, if it provides legal cover in your policy, can support you.

Good luck.

KM.

[Mellors]

The starting point is what it says re leave in your contract of employment.

ACAS says:

Restrictions on taking holidays may be expressly stated in the contract of

employment, implied from custom and practice or incorporated into

individual contracts from a collective agreement between the employer and

trade union(s).

Employers may choose to:

? shut down for certain periods during which all or some groups of workers

have to use their annual holiday entitlement

? nominate particular dates as days of closure, when workers are expected

to take annual leave (for example, over the Christmas and New Year

period)

? determine the maximum amounts of leave that can be taken on any one

occasion and also the periods when leave may be taken.

An employer can require a worker to take all or any of the leave to which a

worker is entitled at specific times, provided that the worker is given prior

notice.

Its well worth ringing them if you want to talk it through (free employment advice):

Monday - Friday 08:00 - 20:00 - 08457 47 47 47

Saturday 09:00 - 13:00 - 08457 47 47 47

[Jessie]

Thanks KM and Mellors - will ring both organisations tomorrow.

[curlykaren]

or jessie you could not mention it again and just call in sick when it suits you?

[sian]

Dear Mellors it isnt just about any contractual provision. you have a statutory right to request flexible working and to take time off for family emergencies. you do need to take advice and have regard to your own work situation. It is a shame you arent a member of a trade union. Try the TUC website. The BIS formerly Berr website may also contain information

[quickbrownfox]

Sex discrimination by virtue of the fact that the policy disproportionately affects those with primary childcare responsibilities (who are much more likely to be women) is a possible angle, but not a card I would recommend playing unless you feel the relationship with the employer has completely broken down and you have no other alternative.

I feel there is also a question around whether the restrictions are reasonable and necessary, and if so, if there are any ways to lessen the impact on individuals with conflicts. I would recommend (and not suggesting you have not done this already) that you go to your employer with a number of suggestions for how work can be rearranged to cope with your absence in order to make it less disruptive for you to be away at that time - this may include catching up on a few hours in the evening, doing some additional hours before you go away etc etc...

This particular scenario is unlikely to be regarded as a 'family emergency' and the right to (unpaid) parental leave is subject to an approval process - employers do have the option to refuse if the timing or duration would cause unacceptable disruption.

Good luck with getting it sorted. These situations are stressful, but in my experience only become more so for the employee in particular once things become adversarial.

[hernehilly]

Your employers should give adequate notice of a change to your terms and conditions, given that you are nearly at the end of the holiday year and that most people with children have to organise them in advance, the notice is rather inadequate. I agree with the post re not being adversarial, however there is nothing to stop you from pitching "reasonable" suggestions - eg i have same issue of my child starting a school this Sept where we don't know anyone, and I am going to work some half days at home so that I can drop off and pick up - i've sold this to my employer as essential in terms of building a network with other mums in case of future emergencies etc and half a day of holiday at a time is not particularly unreasonable. I work in HR so would be happy to talk further with you if needs be. Best of luck