Advice please - Re - Employment law

I'm almost positive they can't do this.
This is from the .gov website:

Although employers can refuse to give leave at a certain time, they can’t refuse to let workers take the leave at all.

How much leave does he have left for this leave year?

This is from advicenow.org.uk

It depends on the reason why you haven't used your full holiday allowance. If it is because you just never got round to it, that's bad luck. Your employer doesn't have to pay you extra for unused holiday or let you carry the remaining holiday into the next year.

If your employer kept refusing your holiday requests and you have missed out as a result, they are breaking the law and you could make a claim for compensation at an employment tribunal. See How to tackle problems at work in the menu on the right.

If you lose your job and you have not taken your full annual leave you are entitled to pay instead of the holiday you have missed so far. For example, if you have worked half a year and not yet taken any holiday, you will be entitled to at least 2 weeks extra pay.

Thanks Kharv,

You've confirmed what I suspected.

He was told the week after new year that he had a week to take for this years entitlement but they have no made it impossible for him to take what he is due.

I don't think he wants to rock the boat since he hasn't been there that long and isn't really comfortable with being that assertive with his boss due to his age but I feel he needs to show he wont be walked over.

Currently having issues with OH's work so I have done a shed load of research into employment law.

What Kharv said they are in the wrong.

The difficulty in this situation however is that fact your son has not worked for the company very long (less then 12 months) If he were to kick up a stink his employers might end up laying him off (probably disguise it under another reason like under performing or something).

If this were to happen he does not have the same employment rights as a person who has been in employment for more then 12 months for example he has no right to take his employer an employment tribunal for unfair dismissal.

This guide is quite good for outlining the basics

http://www.connexions-humber.co.uk/downloads/resources/GuideToEmpRights.pdf

Its harsh! But I hope they can resolve the matter informally.

No. If he hasn't taken them he has no right to them. His employer can carry over a reasonable amount which for us us three days but apart from that its down to the employee to manAge thier own

But there are two months left before the end of the annual leave year. They're not letting him take them at alll despite him having adequate notice. They can't do that.

My bad. Missed the bit where they were refusing too. Under a year though he has no employee rights so if they don't allow it, there isn't much he can to sadly.

True. That bit is sh1t.

Given that my son isn't that bothered about not taking a break until March but his work told him to take his week before March then refused him them or the paid inequivalent altogether. He shouldn't take a massive stand on this issue just let his boss know he wont be walked over for future reference.

No employee rights until after 12months? Is that if probation period is 6 months? I thought as soon as your probation period was completed you had full entitlements / rights?

Alas not. Probation is an employer specific thing but unde employment law you are not be tilted to Bything until 12 months of employment

unless sex discrimination claims, is that right? It's been a long time since I did my 6 month employment stint for my studies?!

*caveats this by saying I am a family lawyer only*

Discrimination claims can start from the recruitment Process so yes

F**k. So my POA of after I'm in my job 26 wks / 6 months & getting upduffed

& then being entitled to everything isn't so secure ? I know they can't get rid of me for being pregnant but I wouldn't want things to be difficult or awkward & I want the full

Maternity policy!

It would be ileagle to dismiss you because you were pregnant. Probation is employer specific but entitled you to full employee benefits of that company.

It might be worth looking at your contract some employers are more generous than others. But I dont know much about maternity rights in general.

In the case of the OP is it just they won't let him have a whole week would they let him have a day here and there for long weekends. Its not right but it may not be worth rocking the boat if he's not that bothered.

Mini are you meaning when I'm passed probation I will be entitled to all the employee benefits?

Ive been waiting since Nov to get my start date, security checks are taking forever & every week that passes just makes me so frustrated!

-

Normally yes. You say since nov, are you agency now?

.

*waves at other lawyer* hello! So, do you get maternity pay for day one? I thought you had to be somewhere a year first. I'm a family lawyer so my employment law knowledge is limited to a six month module on my LPC circa 2005!

Not All companies pay mat pay, many gave to rely on smp and mat levy films vary emoter too employer too

No not yet! Fx another 6-8 wks , I'm checked out & now it's my family & OH they are doing. Hope there is no Nasty surprises!

I know I can get standard SMP from day 1 but when I can get full pay after 6 months it would be much more financially stable not to mention less stressful to get pregnant then. I'm not moving jobs for this- I've been searching for ages& have been off pill since May with no joy so i can't put my life off 'just incase'. End of this year would be so perfect if my body would function as it should!

Sorry to OP for derailing the thread- but thank you lovely helpful hitchers for all the advice as usual!

You are entitled to m leave and m appointments from say one Claire

Must be super clearance you're getting Sasasi!! Hope they get you all cleared asap! thats been ages!

Also who told him he would loose his holidays. has he spoken to his HR dept, my department managers drive me mad every year when it gets to this time telling staff they will lose their holidays as they should have booked them. Yes they should have booked them but they are also legally entitled to have them. I have a stready stream of staff knocking on my door going they cant do that to me can they and I have to tell the manager to give it to them.

I imagine that if they are telling all the staff they can't have their holidays till March they will have a riot on their hands. Moral of the story get next years holidays booked and confirmed in writing now.

I know very very little about employment law - but future BIL is a whizz emp lawyer - and he's written an employment law app for his company. I am in the technical dark ages (drowned my fancy phone 2 weeks after having it cos I'm that stupid!) so haven't actually seen it but my obviously bias OH thinks its fab. If it helps at all I think it's called Employment Law Cloud

I know, its so frustrating! They lost all the documentation they photocopied at my interview so rather than post originals to peterborough I went back to Belfast office for them to re-copy so that was a delay...then I got my online form 2 weeks ago & they said 6-8 wks from it so FX end of Feb.