Unpaid leave

[frazerd]

I work for a company who automatically grant unpaid leave to those who request it, claiming they are, under employment law, not allowed to refuse it. Is this true, or are they merely using this platform as a reason to reduce costs.

[Ethel]

If you are in the UK it is not true. What would the company do if all the staff wanted world cup final day off, for example?

Unpaid leave is always at the discretion of the boss.

The exception is 'family leave', also called 'carers' leave' which must be granted if the circumstances fit the criteria.

Read all about it here:

http://www.workingfamilies.org.uk/asp/employer _zone/e_fs_caringleave.asp

[frazerd]

Thank you Ethel. It's as I thought, but the link you provided does not adequately confirm the legal aspect of an employee requesting unpaid leave for holiday purposes (after he/she has used up paid entitlement). Does anyone know where I can find categorical proof that they are not necassarily entitled to it?

[Ethel]

As the law had to be created to allow carers to take unpaid leave in certain circumstances it stands to reason there is no right to unpaid leave in other circumstances.

An employee is contracted to work x amount of hours per week, with x amount of paid leave (usually).

This link shows that an employer can lawfully refuse proper paid holiday if the right amount of notice is given:
http://www.adviceguide.org.uk/index/life/emplo yment/holidays_and_holiday_pay.htm#your_employ er_refuses_to_let_you_take_holiday

However, if it is their employer policies to always grant unpaid leave, they have to. But I can't see any employer doing that - it could leave them seriously understaffed.

Can you give more information as to the circumstances?

[frazerd]

Some employees will request unpaid leave for say, the Xmas break, as they have used up their entitlement of paid leave during the year. Provided there are enough key staff to cover, leave is granted. I pointed out that this practice is unfair on the team left to cope - who manage their own leave in a reasonable way. My employer insists that he has no right in law to refuse unpaid leave (given adequate notice) for ANY purposes. However I believe the real advantage to him (as we are smallish company) is that he saves on salary costs.

[Ethel]

You could well be right, but I don't see what you can do about it, except to lodge a grievance perhaps on health and safety grounds.

If all your colleagues are of the same mind, next time you are short staffed due to the granting of unpaid leave, you could all do the same - go home, taking unpaid leave. The boss says he can't refuse, after all.
Or be unable to finish the day's work, needing overtime, if your work is of that nature.

However, your boss may well be of the opinion that a member of staff who has been refused unpaid leave may simply go sick, or be non-productive in the workplace that day.

[frazerd]

Thanks Ethel. I think your summation is correct, but what grates is that I'm not being told the truth - and I'm like a dog with a bone now, wanting to challenge his statement. But I can only do that with written evidence.