Employment law query

[HairdressingBug]

Hi,
i feel my partner is being treated unfairly at work. He has worked for his employer for 14 years now and is the manager of the department he works in. This time last year there was 4 members of staff in the department, him, the assistant manager, an improver and an apprentice. Since then the other 3 have walked out because they have not been happy with the way the boss has treated them, they have replaced the improver and brought in a part time worker aswell. His boss knows he will struggle without him. My partner went into work today and asked if he could book a week off work in August as we had planned to take our children on holiday in the summer holidays and he has refused him the time off. Saying that the holidays go from April to april and he has already had 4 days off this year (which he took off for hospital appointments because he may need surgery on his bladder). He said he now has to accumilate the holidays so he cant have a week off now till september. One of our children is starting his GCSE's this year so a holiday in September isnt an option to us.
I think he is doing this because he knows he wont be able to open the shop without him as he is the most experienced. Yet he has allowed two other members of staff to have 2 weeks holiday already this year.
Is this fair? can he do this?

 

[byKaty]

Think he's going to have to dig out his contract and go through with a fine tooth comb. Some salons do operate a policy where there are certain weeks in the year you can't book off. As for accumulating your leave first, unsure. Bit strange as I've never had to as if you decide to leave and you have used more leave than accrued then they just take that from your final salary packet and likewise if you haven't used it all and we're to leave then you would be paid it in last pay.
Defo get some advise. I'm sure AcidPerm will know more on it anyway.

 

[HairdressingBug]

Sorry its not a salon he works in (im the hairdresser he works as a paint sprayer and panel beater for cars.
He has worked there for 14 years and tbis has bever been the case before.and other employees are allowed to do it but not him. Every year up untill now he has said he can have two weeks off in the summer (he usually takes it in july) and its never been a problem before. He also makes them take a week off in january because its quiet so he has to save one of his weeks for then. Just seems very unfair xxx

 

[Grace_Hair]

I'm not sure an employer can refuse you doctors appointments. And making them up would be the same as refusing them I would imagine?

Have you looked on HMRC's website?

 

[HairdressingBug]

No i tried a search on hmtc but couldnt find anything relating to this specifically. I do t understand how he can just change it like that with no fore warning. This means we wouldnt really ever be abke to have a 2 week holiday in the summer. I was going to phone acas and ask their advice butmy daughter isnt well so havnt had chance to. X

 

[AcidPerm]

It might be worthwhile him having a chat with an employment specialist at his nearest Citizens Advice or equivalent service. Also, suggests he takes a copy of his contract with him, if he has it.

As he's already worked there for 14 years, he shouldn't have to accumulate leave in the same way as a new member of staff would. Also, requiring him to use annual leave for hospital appointments sounds unreasonable but without knowing the full facts, it's difficult to generalise.

 

[IBUK]

As far as im aware, employers can stipulate annual leave needs to be accrued before taking and have the right to say when you can take leave.

 

[AcidPerm]

As far as im aware, employers can stipulate annual leave needs to be accrued before taking and have the right to say when you can take leave.

I think he needs to speak to a specialist employment adviser as it could be argued that the employer has changed the terms of his contract. For instance, after 14 years, the fact that he always took 2 weeks leave during the summer months without issue, could be deemed custom & practice.

 

[HairdressingBug]

It might be worthwhile him having a chat with an employment specialist at his nearest Citizens Advice or equivalent service. Also, suggests he takes a copy of his contract with him, if he has it.

As he's already worked there for 14 years, he shouldn't have to accumulate leave in the same way as a new member of staff would. Also, requiring him to use annual leave for hospital appointments sounds unreasonable but without knowing the full facts, it's difficult to generalise.

Thank you. Yes i said to him last night we need to go and speak to someone in the CAB. I know its because he is understaffed and thats why hes changed it without warning. But he should still be allowed to take time off.
He has a serious problem with his bladder and is having tests to prepare for surgery so has to take a full day holiday each time he has a hospital appointment but then has to go to work straight after too, even though he has had to book the whole day off. His boss also made him cancel one of his urgent appointments last week because "they,re to busy in work" to allow him to go.
This is just the tip of the iceberg to be honest. His boss is horrible. When he had a week off when our daughter was born last year he had to take the first 3 days unpaid then a week paternity then back in. He wouldnt allow the full 2 weeks. The day after he had her he phoned him up saying when are you back and he told him not for a nother week and he called him a f*****g c**t for having time off.

 

[byKaty]

This guy is a total ******. Time to look for work elsewhere. If he were to leave he may have grounds for constructive dismissal.
Though am sure others can clarify.
Would the not allowing paternity leave fall under discrimination?? I would speak to equality commission too and give them all info. Don't let him get away with it. You can't treat people like that.

 

[HairdressingBug]

This guy is a total wanker. Time to look for work elsewhere. If he were to leave he may have grounds for constructive dismissal.
Though am sure others can clarify.
Would the not allowing paternity leave fall under discrimination?? I would speak to equality commission too and give them all info. Don't let him get away with it. You can't treat people like that.

I have been saying this to my boyfriend for ages. The problem is in his trade there isnt many jobs available local to us. The nearest job offering is an hour journey each way away.
oh thats nothing there is loads of things so many that i have lost count of them all. This guy has already been sent to tribunal twice for unfair dismissal by 2 other employees. I dont know how he is still in business. The way he treats his staff is a disgrace.

 

[hazelb]

You have my sympathy.

I hate to say it but:
from your boyfriends bosses history..even if your boyfriend is legally entitled to his holiday ( I would think he is) . His boss would still say 'no'.

If he's been to tribunal twice, and regularly breaks rules (hospital appts / paternity leave etc ) He's not going to change.

Your boyfriend should expect a call a day after surgery demanding he comes back to work!

 

[HairdressingBug]

You have my sympathy.

I hate to say it but:
from your boyfriends bosses history..even if your boyfriend is legally entitled to his holiday ( I would think he is) . His boss would still say 'no'.

If he's been to tribunal twice, and regularly breaks rules (hospital appts / paternity leave etc ) He's not going to change.

Your boyfriend should expect a call a day after surgery demanding he comes back to work!

It really wouldnt suprise me if he did.

 

[Shuv76]

My day job is in Human Resources, hoping to go FT with beauty next year.... My advice would be to contact ACAS, they provide free and confidential advice and are employment specialists so will be better placed to advise over the CAB. You can call them on 0300 123 1100 open 8 am to 8pm. Everything starts with the contract of employment do have that to hand if possible when you call - good luck xx