entitled holidays refused

[medusa49]

working in the care home industry, new manager, absolute pain, now is refusing holidays to some staff members as there is no cover!!!! legal or not

[bednobs]

refusing them holiday altogether, or just refusing to grant it at a certain time? former is illegal, latter is not illegal - you boss can specify exactly when you take holiday (ie schoolteachers in school holidays; factory christmas shutdowns etc)

[TCL-MUMPING]

Yes it is legal. Workers are required to give notice to their employers if they wish to take a holiday. The notice must be twice as long as the period of leave requested.

For example, a worker wanting one week�s holiday needs to give two weeks� notice. The employer can refuse permission by giving counter notice at least as long as the leave requested, ie one week.

Employers can determine the maximum amounts of leave that can be taken on any one occasion and also the periods when leave may be taken.

[buildersmate]

TCL is correct.
If you mean holidays that have previously been agreed are now being reneged upon (because of the proposed change in shift pattern in your other question) then, no, there is no justification for an employer doing that.

[medusa49]

sorry i should have been more explicit with my question, the holidays where put in 6 weeks ago,the holidays requested was for 2 days,due to the nature of the job, care home we are unable to take holidays at xmas and new year,the answer from the manager about why it was refused was there is no cover for the shifts

[buildersmate]

Then he should have been able to predict that 6 weks ago when the holiday request was granted.
One wonders what has changed?
Unexpected bout of sickness in other staff?
This change in shift patterns you have been referring to?
Both are the manager's problem rather than the employee whose holiday request was granted.

[medusa49]

thanks buildersmate, this manager has been told to cut back on using agencys, there is no sickeness just not enough staff, but for that the staff are being penalised, i thought she couldnt do this as it was put in 6 weeks ago and our policy is a months notice due to the nature of our work, but to refuse the holiday on the grounds of no cover is not the staffs fault that we are short staffed.I noticed on acas site that the amount of notice should be double that of what your requesting.I have told the staff member to go through the grievance policy, thanks again

[TCL-MUMPING]

The notice periods are the minimum periods under law but it may be that the contracts specify longer periods for staff notifying requests.

I cannot find a definite answer but looking at the the Working Time Regulations 1998 (the law that specifies the notice period) it suggests that the employer can refuse leave as long as it is within the appropriate notice period (ie whether or no previously agreed.) as it does not state the contrary.

If the employers have changed the staffing policy (for whatever reason) I would have thought that it makes sense for leave to be refused if there is not adequate cover, especially since the care of others is involved.