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jackieandwayne

Will this be an unlawful deduction....?

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Ok, so the nephew's boss has come up with another cost cutting exercise, only I think he's going to come unstuck this time. (he's known affectionately as the Fat Controller!)

 

He gets upset when employees need to take a days leave at short notice, so he has decided in his wisdom, that anyone taking a day's leave that hasn;t been booked a whole month prior, will not receive pay for the day! So, if you are a parent and have a genuine child emergency, or a carer for a disabled partner, and have to take a day off work, then you won;t get paid for it! Even though you have booked it out of your 28 day a year allowance.

 

To my mind then, if he does this, when he reaches the end of the holiday year, the lads are quite justified to ask for the money for their untaken annual leave.

 

It hasn;t happened yet, its just a proposal, but usually when something goes out for discussiuon it makes no difference what you say or do, its a foregone conclusion.

 

So far he has had to pay out of court settlements for racial discrimination, disability discrimination, and downright bloody unfairness, the lads are getting wise now and watch for unlawful deductions etc. It would be nice to be able to stop him in his tracks before he has to pay out again!

 

Any ideas? Thanks in advance.

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Points to consider are that

 

1. Holiday can only be taken with the agreement of the employer and in line with whatever policy exists regarding the booking of Annual Leave

2. Whilst there are rights for parents to take time off to deal with a family emergency and a dependant, there is no automatic right for this to be paid.

3. You have a right to 5.6 weeks (28 days) annual leave - paid at the prevailing rate for a week's salary.

 

Therefore, if a family emergency arises, then the employer is within their right to not allow this to be paid, however he cannot also deduct that time from paid annual leave. These are two completely separate things. By definition an emergency cannot be planned so therefore cannot be booked as 'holiday' as you would not be able to give the requisite month's notice, therefore any time taken will have to be unpaid unless the employer is willing to authorise it as 'holiday' and in that case it must be paid.

 

Long way of saying that you need to clarify with the employer that whilst staff taking time off to deal with family emergencies (as is a legal right) might no longer be allowed to take this as paid holiday, that holiday entitlement can not also be reduced for such time taken, and that this WOULD amount to an Unlawful Deduction and a claim could be brought in an Employment Tribunal.


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Thank you sidewinder, understood - Fat Controller plans for them to LOSE the day's holiday and not pay them for it either! Capoot, gone as if never existed. We shall see!

 

I do like this man, I have an argument with him every Xmas when he's had too much too drink - I don;t touch booze so I win everytime! (Only once a year though face to face!) He makes me feel that I would like to pull the bung out of his luxury yacht!

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European working time directive gives you the right to your paid leave wit a prescribed minimum notice period and your employer must respond within a prescribed time if it is not possible to take the leave for "operational reasons". the notice required for a days leave is 1 day so put your request in writing and they will have to respond in writing the same day.

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