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AIBU?

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Original poster

Urgent DH refused Annual Leave for next 2 weeks.

269 replies

booboo57 · 21/07/2020 08:11

Works starts on house on Monday. Two weeks leave requested over a month ago. Just got message that next week is full so cant have it off. Make a fuss or just call in sick?
He a trainer but since Covid he's been working nights which he hates. He was in tears with the stress of it all. Dont know what to advise.

OP posts:
BluebellForest836 · 21/07/2020 08:50

If the leave wasn’t approved then you shouldn’t of booked the work in until any holiday was approved Confused

Original poster
booboo57 · 21/07/2020 08:52

If it was full when he applied for the leave they could have refused then surely. He been asking daily about it. The latest response was "were just confirming you will be on days when you get back from your holiday". I think they are being in reasonable and that he could have case for constructive dismissal.

OP posts:
PrivateD00r · 21/07/2020 08:53

If he is looking at moving jobs, then going off sick is hardly a good idea? It does seem a massive over reaction to cry, had he made any effort to follow up? If a leave request has not been approved, the usual assumption would be that it hasn't been approved - he seems to have assumed the opposite? I would have kept following it up until I had an answer.

He applied for leave, it was declined as it sounds like too many are already off - this all very normal op! I work in the NHS and are leave has to be booked months in advance. Our flights were cancelled earlier this month so I tried to reschedule my leave to later in the summer to give us the option of rescheduling the flights if we wanted to - nope, couldn't be done. All weeks were full long ago. Cannot be helped!

Original poster
booboo57 · 21/07/2020 08:53

Shunting isnt covered by tacho regs as it's in the yard on private property.

OP posts:
Original poster
booboo57 · 21/07/2020 08:55

Just to reiterate they normally just get agency in to cover when drivers are off so we dont know what full means.

OP posts:
SchadenfreudePersonified · 21/07/2020 08:58

If I were him, I wouldn't go off sick, but I wouldn't work a minute over my contracted hours and I would line another job up sharpish, if that was at all possible (you seem confident that it is).

He sounds very, very stressed - Think something may have been building up at work for a long time. Could he be getting bullied? It may sound stupid but it happens to grown men and women as well as children. Has he been to his GP (I know it's very difficult ATM) because although I don't suggest he goes of sick while this work is being done (not now after being refused leave), it does sound as though things are getting on top of him and he needs some sort of help.

But he needs to stand up for himself. They'll continue to take advantage of him if he lets them. No more shunting etc. Apart from anything else, if he's in this state mentally, he could get distracted through stress or exhaustion and have a serious accident. An exhausted HGV driver could end up killing someone. Please - when they ask him to do anything extra, he should say "Sorry. I'm absolutely knackered and I'm away home." And then he should go.

HelloDulling · 21/07/2020 09:02

I don’t quite understand. Does he want the time off so you can go away while the work is done? Or are you concerned about him not being able to sleep while on nights? Or something else? Why is it important for him to be off while you have builders there?

Merrymumoftwo · 21/07/2020 09:02

If they still have vacancies it may be they could not get/afford agency cover and are not being forthcoming about their financial situation. Many companies are struggling at the moment and relying on a lot of good will. Unfortunately until he was told leave was approved nothing should have been booked. In regards to extra tasks he could have said no if he did not feel he could do them.
If he goes sick, irrespective of how sought after his qualification is, it will not help with current or future employment

oblada · 21/07/2020 09:03

"He could have case for constructive dismissal."
He really doesn't...

GnomeDePlume · 21/07/2020 09:04

Please - when they ask him to do anything extra, he should say "Sorry. I'm absolutely knackered and I'm away home." And then he should go.

Totally agree with this. Shunting is fiddly work with lots of chances for it to go wrong expensively or dangerously.

Chanjer · 21/07/2020 09:04

I would assume full in this instance means that they're maxxed out on holiday slots rather than its a full schedule of work

Our distribution company keeps a set minimum amount of full time drivers available at all times because certain of their customers (ourselves included) refuse to take agency drivers

Maybe they operate a similar system

bigbluebus · 21/07/2020 09:05

You say there is a shortage of drivers so presumably there will be difficulty in getting agency cover especially now the school holidays have started.

Todaythiscouldbe · 21/07/2020 09:06

What case for constructive dismissal do you think he has? His leave wasn't approved, he knew that on Sunday. Why does he want leave? Is it so he can sleep or supervise the work?

MidnightCitrus · 21/07/2020 09:07

@booboo57

If it was full when he applied for the leave they could have refused then surely. He been asking daily about it. The latest response was "were just confirming you will be on days when you get back from your holiday". I think they are being in reasonable and that he could have case for constructive dismissal.
Are you a politician? As you keep avoiding the question.

Was his leave approved?

Rewis · 21/07/2020 09:07

Based on the information here it sound s like the company is a bit crap. It sounds like AL wasn't approved but they decided to not to reject and approve just so they could see later if your husband was needed. Kind to get a vibe that they decided to do it
Because he is willing to work for free and figured he would just accept it?

Calling in sick won't end well, unless you can get a note from GP. But if he is so tired that he cried he might be able to get one. You say there is a lot of work in his field? Can he quit and get a new one after a few weeks? If that is too risky (Like it would be for me) I'd look for a new job asap, not do anything above what is in t he contract to the current work place.

HUCKMUCK · 21/07/2020 09:08

Have they got a leave policy and did they/he follow it?

heartsonacake · 21/07/2020 09:10

I’ve read all your posts OP, but I can’t see an answer to this: was the leave approved? If not, you shouldn’t have gone ahead and booked the work when it wasn’t approved.

Employers can dictate when annual leave is taken so they’re not in the wrong here.

Raimona · 21/07/2020 09:10

He's in desperate need of a holiday
Why? Because of the building work? Or because he fancies a rest? (which doesn’t qualify as desperate need)

Yes they should have told him earlier that his holiday wasn’t approved. No he won’t be entitled to constructive dismissal because he fancied a few days off and wasn’t allowed. It was very short notice to request time off during the school summer holidays. His choices at this point are basically to suck it up or quit... and don’t book building work unless you’ve already been approved for the time off.

happyandiknowit988 · 21/07/2020 09:11

definitely don’t call in sick, i know my work are not allowing as many off now so maybe it’s that?

OutOfHours · 21/07/2020 09:12

Night work is tiring, and it really effects your mental health if your tired and tjings go wrong, your not supposed to be awake all night.

The only way this would work would be for your husband to be signed off by his GP, or to leave and move into a new job after the 2 weeks.

If your husband is at the stage of crying over this, then I suggest the latter.

Babs709 · 21/07/2020 09:15

Sounds like his mental health is suffering, having a week off to avoid falling over with stress isn’t pulling a sicky. He’d need to get a note from his GP and perhaps discuss with his boss that he was clinging on for annual leave; rejection was the “straw that broke the camels back”.

Ellisandra · 21/07/2020 09:17

So it was never approved?
Not if he was asking about it daily, and has only now seen the form come back rejected?

If the company is always this shit, then he should leave - and walk into a other job as you say he can. (definitely a shortage of HGV1s, but is there a shortage of - usually - day shift, salaried trainers?)

However, is this a Covid thing?

I worked at a place that would have said, “everything’s up in the air, and that’s going to be a busy period - I can’t approve it, but if I can get agency then you can have it - no promises though.” Is that what’s happened here? I would find that acceptable to work with if they were usually great and it was genuinely an all-pull-together Covid situation.

EmeliaLily · 21/07/2020 09:18

if the annual leave was approved im sure they can't retract it

mrsBtheparker · 21/07/2020 09:19

Is he doing some of the building? I can't see why it is so important that he is off work, personally I'd want to go to work!

HUCKMUCK · 21/07/2020 09:19

@Babs709

Sounds like his mental health is suffering, having a week off to avoid falling over with stress isn’t pulling a sicky. He’d need to get a note from his GP and perhaps discuss with his boss that he was clinging on for annual leave; rejection was the “straw that broke the camels back”.
GPs don't sign you off for 7 days - you have to self certificate for the first 7 days - bit I agree - if it is affecting his mental health in general, he needs to discuss it with his boss.