Annual Leave Entitlement Q

M

mo3art

Registered User
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A friend is employed in a full time permanent position by a firm that is subject to high and low seasons. He works full time all year around, and just because there is a low season doesn't mean he has a day off. He would work Monday to Friday anyway, just in low season he would have less work to do.

Anyhow, he has requested a weeks annual leave from his employer mid-way between the 2 seasons. It is neither very busy nor very quiet at this time. There is nothing in his T&C that he is restricted to taking his leave only during low season.

His employer has informed him that should he choose to take his Annual Leave at the time he requested, he will be docked a weeks wages, however if he takes it at low season, he won't lose a weeks wages. The employer is justifying this demand because he will have to employ a relief member of staff to cover the employee's work whereas during low season existing staff could cover the employee's work.

The employer seems to have no difficulty in giving their part time staff annual leave whenever they require it, but has difficulty with the full time staff member btw

To me, it sounds like the employer doesn't have a leg to stand on - but what does it sound to the rest of you AAM'rs out there?
 
Hi mo3art,

I think you are asking two questions here which I will attempt to answer.

Q1. Can an employer refuse annual leave at time requested by the employee
A1.Yes, subject to a small number of conditions outlined below.

For instance some companies close for two weeks in the summer and for one week at christmas. Employee in these industries must take their leave when dictated by their employer.



Q2. Can an employer "dock" the wages of an employee?
A2. If by "dock" you mean a payroll deduction then this is allowed in certain very restricted conditions and must be reflected on the employees pay slip.



A third question arises and it is this:

Q3. What happens if an employee goes absent without leave (say after been refused permission to take annual leave)?

Im not entirely sure what the answer is to this but I imagine that the employee will not get paid for the period of absence and further that the employee would be subject to the companies disciplinary procedure on his return.

Finally, is your friend a member of a trade union? They are very informed and helpfull on issues of employee rights.

ajapale
 
Thanks Ajapale,

That really is brilliant help!

My friend is not a member of a union unfortunately. However there has never been any restrictions on other members of staff taking annual leave whenever they wanted but all of a sudden this arises when for a change he requests the leave. He's given them more than 3 months notice, especially as he is talking about taking the leave in September.

He is hoping that the reaction was simply a "kneejerk" to him requesting leave at a time that isn't low season and that given a couple of weeks his boss will acede to his request.

I really appreciate you taking the time to respond.

Thanks again
 
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