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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

No Annual Leave during school holidays

329 replies

Dodoluded · 30/09/2019 11:49

I’ve just been told that because I don’t have a child I can’t take annual leave during school holidays as my line manager needs to take that time off for child care arrangements and one of us need to manage the team (I do this when she is not there).

Basically she’s taking a week off either side of Christmas and has worked one day per week over the summer holiday and taken the rest as unpaid leave.

There are already four months in the year when I am not allowed to take any annual leave due to my workload.

AIBU to not agree to the holidays leave thing? None of this was explained at interview or before my probationary period finished.

They have just refused a leave request for next year as it overlaps with school holidays by four days although she currently has no leave booked for this period.

OP posts:
loobyloo1234 · 30/09/2019 11:52

YANBU - can you speak to HR about this as if this was not explained in interview, or in contract, i'm pretty sure this won't be allowed?

Paddington68 · 30/09/2019 11:52

This is discrimination.

GreenFingersWouldBeHandy · 30/09/2019 11:53

This sounds very odd and unfair. You're being refused leave for 4 days that she hasn't actually booked off yet?

Definitely speak to your HR department if you have one.

Tensixtysix · 30/09/2019 11:55

Have you got a HR you can go complain to? It seems that they may have only taken you on to keep that line manager sweet when it comes to holidays.
It is discrimination.

JonSlow · 30/09/2019 11:55

An employer can dictate when you take AL. However this sounds like it is a policy she has introduced herself, rather than the company?

I would raise with HR. And look to leave for a better company.

justintimberlakesfishwife · 30/09/2019 11:56

So does she take every single school holiday off? Confused When are you supposed to take leave then?!
You absolutely need to approach HR about it. If this isn't in your contract, then I'm sure that legally they can't do this. Good luck!

Original poster
Dodoluded · 30/09/2019 11:56

I am mostly happy not to take leave during school holidays from a financial perspective but this is a holiday with other people for an event and I cannot be flexible with dates.

What should I say to HR? Just put the leave request through them?

OP posts:
JonSlow · 30/09/2019 11:57

To the pp’s screaming discrimination - on what basis is this discriminating against her?

Not being a parent isn’t a protected characteristic.

JonSlow · 30/09/2019 11:58

I would say to HR “can you please confirm this is correct; I am not allowed to take leave during these 4 months, nor during any school holiday period?”

Play dumb with them.

Original poster
Dodoluded · 30/09/2019 11:58

Is definitely a policy just for me (I also don’t get flexi time or WFH days even though they are both “supported” in my contract).

I’m more annoyed this rule only came out in the last two weeks and they weren’t up front about it (I had another job offer when I took this job).

OP posts:
Original poster
Dodoluded · 30/09/2019 11:59

Thanks @JonSlow

OP posts:
00Sassy · 30/09/2019 11:59

I’ve heard there is a rule that an employer can refuse any annual leave request as long as they ensure you’ve been able to take the legal minimum over the year.

Them specifically telling you it’s because you don’t have children sounds discriminatory to me though and at the very least they’re being twats.

loobyloo1234 · 30/09/2019 12:00

HR will no doubt confirm this is not acceptable OP. Just ask them what their policy is on when you can take AL - and take it from there

MulticolourMophead · 30/09/2019 12:03

Also, mention to HR the other stuff not being supported when it's actually in your contract.

TeacupDrama · 30/09/2019 12:09

in my sisters job only just over half your annual leave ( 15 days pro rata or 3 weeks) can be taken in school holidays the same applies to everyone kids or not their work load is the same all year round marginally less at weekends bank holidays also taken in rota you have to work every 3rd Christmas day etc

but rules should apply to everyone equally in the same sphere,
a company might ban its accountants from holidays in the month leading up to financial year end but not its sales people but generally giving preferential treatment to one over another leads to problems

OneForMeToo · 30/09/2019 12:11

Although entitled to annual leave legally work can dictate when you use it. My dh cannot take leave from October-February apart from the odd day for appointments only not holidays. He also cannot take leave when the other manager is off, we have children, the managers wife is a teacher it becomes a race on to who can get the leave booked first.

SchadenfreudePersonified · 30/09/2019 12:14

Not being a parent isn’t a protected characteristic.

Nor is being a parent.

bellabasset · 30/09/2019 12:18

If you take a job that is in the holiday trade you would be expected not to have holidays in the main season. Check in your handbook.

This was a bone of contention in a relative's job where OT wasn't paid. 5 of the 6 admin staff had babies in an 18 month period leaving one person covering. The teams they supported were concerned

Disfordarkchocolate · 30/09/2019 12:18

I wonder what they would have done if you had school-aged children?

If it's something you're not prepared to put up with start job hunting and leave a review on Glassdoor so others are aware.

lyralalala · 30/09/2019 12:18

I'd speak to HR and find out if this is an actual policy. It's unfair that your leave is being rejected just in case someone else wants the time off.

I worked for a manager once who had this policy, but was firmly put in her place by HR when someone queried it.

wibbletooth · 30/09/2019 12:18

I would also ask them to confirm that they are saying that (other than bank holidays? I don't know if you work in a job that has to also request bank holidays off) if you work for them you will never be able to have any time off over the Christmas/New Year period or Easter period which means that you will never be able to go to any family or friends gatherings at these times and that, in combination with the other restrictions on the times of the year you're not allowed to take holidays, this is something that would have stopped you from taking the job (given that you had another offer) because it will severely impact on the quality of your life.

If your contract also specifies that you can have flexitime and WFH but this is not being allowed then ask them to explain how and when you can take your contractual entitlement to them.

Given your holiday request is for so far in the future and nothing is currently booked in and it's for an event so the dates can't be changed, it would definitely be worth discussing it with them to see what could be done. How confident would you be of getting another job? Is it worth handing your notice in or saying that you will in the future because of this or deciding to do that and dropping them in it closer to the time - you know how difficult the job market is for you at the moment. But if they are happy to curtail so much of your work time/holiday time in order to keep one person happy then they don't sound like great employers...

Sciurus83 · 30/09/2019 12:18

This is such bullshit! If they took you on as holiday cover for the manager they should have been explicit, I can't stand to see people without children treated as if their spare time is less valuable. It sounds like this manager is basically manipulating her authority over you to get what she wants, definitely speak to HR and if this is supported by the company look for another job and be very clear about why you left. We all try to be accommodating in the workplace but this is taking it too far.

adaline · 30/09/2019 12:18

Work have every right to dictate when you can use your annual leave.

We have a ban during our two busiest times, for example. Anyone who asks for annual leave then will be told no.

It's unfortunate but you may well be told "tough".

thatoldpinkumbrella · 30/09/2019 12:18

YANBU

I have 4, but that sort of attitude still make me very angry.

Since when not having children means you don't have a family, or just fancy taking time off at Christmas or whenever. Your manager is completely taking the piss. It's not a business requirement if your manager is allowed to take time off - it would only be if NO-ONE was allowed time off.

I would make a big fuss about it. You are not a second class citizen because you don't have kids, that's outrageous.

Amanduh · 30/09/2019 12:19

They’re allowed to tell you when you can’t have leave because it’s a busy time, it’s the way they work, etc. Anything they want really. Doesn’t need to be in a contract.