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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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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:

Sirzy · 21/07/2020 09:19

No way would not approve holiday be a case for constructive dismissal.

My partner is a HGV driver (tramper) and at the moment his company can’t keep up with the demand for work with everywhere getting back up and running post covid.

Walking out of the job is a risky move. For one can you afford for there to be no pay while he finds someone thing else?

Fletchings · 21/07/2020 09:20

Are you a politician? As you keep avoiding the question.

my thoughts exactly.

Medievalist · 21/07/2020 09:21

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”.

^^ This.

heartsonacake · 21/07/2020 09:22

@EmeliaLily

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

Of course they can. An employer can dictate to an employee when annual leave is taken.

Babs709 · 21/07/2020 09:22

GPs don't sign you off for 7 days - you have to self certificate for the first 7 days
This is official guidance but not a hard a fast rule, I’ve had a sick note for stress for a week.

dontdisturbmenow · 21/07/2020 09:24

The company might not be treating him well and indeed, he might want to look to work elsewhere but ultimately it was a big mistake of his to plan to do work on the house and made arrangements for it before he got his hissy approved. He needs to take responsibility for that.

MidnightCitrus · 21/07/2020 09:27

@EmeliaLily

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

As OP wont answer if Leave was approved, we can't say whether its legal or not

www.gov.uk/holiday-entitlement-rights/booking-time-off-

Booking time off
The general notice period for taking leave is at least twice as long as the amount of leave a worker wants to take (for example 2 days’ notice for 1 day’s leave), unless the contract says something different.

An employer can refuse a leave request or cancel leave but they must give as much notice as the amount of leave requested (and this must be before the first day of leave). For example, this could be 2 weeks and 1 day’s notice if the worker asked for 2 weeks’ leave.

Original poster

booboo57 · 21/07/2020 09:31

Sorry Fletchlings his leave form wasn't signed off despite repeated chasing. The reason he was told was they were trying to work out his shifts for when he is back from holidays as there putting him on days.

Without making it out that we are whimps I hardly see him as I'm working 9am -5++ pm very full on from home. He leaves for work at 5pm and get back between 5 and 6 am. His "Monday shift" starts at 5 on Sunday so we just have Saturday together.

We miss each other and the suport we can give each other in these times.

When he agreed to go back to drivinf FT and to work nights, it was part of being a key worker and being part of the team to help with Covid.

He hates it. There is no where open to buy food or take a toilet break. There is no interaction with customers which he likes as everything is shut. He has trouble sleeping in the daytime. I'm stressed trying to keep the dog quiet and I miss him so much.

4 months later he's still on nights.

I think he should just walk out. Is worth trying to negoiate an exit.....

OP posts:

PenelopePitstop49 · 21/07/2020 09:32

Phoning in sick is the lowest form of behaviour, and we've dismissed people in the past who've done this when refused leave. It's gross misconduct. And he won't get a reference from them which may affect future employment.

If he's struggling that much with the job, and he's trained, then he needs to find another asap. No job is worth the stress.

But just bear in mind that employers are mainly trying to keep their heads above water after this horrendous lockdown. We've had to cancel our staff annual leave until September at the earliest, if we aren't bringing money in, no one has a job to take leave from.

heartsonacake · 21/07/2020 09:33

Right, so the leave wasn’t approved. In that case, you shouldn’t have booked the work.

There isn’t anything you can do. If he wants to quit, he can work his notice and quit but it would be worth seriously thinking about this considering the situation we’re in at the moment and him not having another job lined up.

Zilla1 · 21/07/2020 09:36

Well, OP. Based on your last post, I would have a final discussion with your DP to see if he is on the same page about finding a new role. The good thing is that he will have a stronger hand in negotiating about the leave if he can say he wants to leave and if they have unfilled vacancies. You might want to check your savings and the availability of a new job and what his contract says about notice periods.

Good luck.

Sirzy · 21/07/2020 09:38

Your mixing up two different issues though.

The annual leave, he shouldn’t have booked anything until it was confirmed. The fact it was taking so long to be confirmed should have been enough to make him realise it was likely to pose an issue.

The nights, he needs to talk to his ops manager and ask what the plan is for moving back to days, presumably if they are looking at taking on new staff they are also going to be in need of their driver trainer again soon!

Walking out without somewhere to go is an exceptionally risky move. Chances of finding a days only Monday - Friday job especially as a driver trainer probably aren’t that high. I know locally most places want trampers and 4 on 4 off to meet demand.

StampMc · 21/07/2020 09:38

If he’s been asking daily about it then it sounds like the leave was never approved. If he’s hating his job to the point of weeping and he is qualified and experienced in an industry with a shortage then the obvious solution would be to get another job.

Don’t call in sick.

I still don’t understand why he needs time off for builders. Is it the noise?

Original poster

booboo57 · 21/07/2020 09:38

I'm going to stop posting for awhile - have to work and this is really upsetting me.

OP posts:

pigoons · 21/07/2020 09:39

NRFT but stress is a perfectly legitimate reason to go off sick and it may be worth doing this if your DH thinks he can negotiate better terms and conditions on his return. And I think in these circumstances the holiday issue can be explained by him saying "I was getting burnt out, asked for annual leave weeks ago as I knew I needed a break and then it was declined weeks after I requested it'.

LannieDuck · 21/07/2020 09:40

Can you afford for him to hand in his notice? How long is his notice period?

If he's so much in demand, they might be willing to reconsider the leave to keep him. But don't make it a bluff - you'd need to be ready to go through with the resignation if they didn't.

Sparkletastic · 21/07/2020 09:42

3 options I think - resign effective immediately and lose some pay in lieu, get signed off with stress, suck it up and give in notice then take leave in 1 month's time. If his boss knows he will resign over this he may well reconsider.

TiddyTid · 21/07/2020 09:43

I feel for you OP. My DH did this shift and job and he left in the end. They were exceptional at letting him know holidays were either approved/declined at the last minute, changing shifts on a whim for no good reason and as for work/life balance and driver exhaustion? Haha. They didn't give a shit. Doesn't work for the same company by any chance? Sounds awfully familiar.....

ButteryPuffin · 21/07/2020 09:43

He needs to go to his GP and ask to be signed off with stress, and also contact other companies asap to say he's looking for a job. Don't wait any longer for them to treat him properly as they're obviously not going to.

SixesAndEights · 21/07/2020 09:44

@dontdisturbmenow

So it wasn't approved? Then it shouldn't come as a big shock. Did he request two weeks in a row? Maybe that's the issue.

It's tough but best to discuss and agree with boss when best to take holidays before making a request although this can be taken back with the equivalent length of agreed holiday time notice.

A month isn't much notice?!!

Seriously?

What is an acceptable notice period for booking leave where you work, @pandafunfactory?

Where I used to work I got all my leave booked in January. I learnt the hard way that I wouldn't get full weeks otherwise, due to the nature of the work and other staff members getting in before me.

I used to work Friday - Monday, each with a different person. Only one member of staff was allowed off at one time, so if the other four people all booked before I did, then I could never have a full week.

My first year was awful, I never had a proper holiday. Year two I was much more switched on! Cue loads of grumbles from the others when they couldn't have it all their own way.

Shouldbedoing · 21/07/2020 09:45

If I were your friend, I'd offer him a day bed at my house for the builder project.
Could you ask someone?

Raimona · 21/07/2020 09:46

if the annual leave was approved im sure they can't retract it
They can, but they have to compensate you for any losses incurred due to cancellation.

OP if your DH is that stressed then perhaps he should just quit. You said it’s easy to get another job and this employer doesn’t sound great.

pigoons · 21/07/2020 09:46

And I disagree with PP who say that phoning in sick is the lowest behaviour possible. Sometimes employers don't listen until people are at breaking point and people do need to take time out. And some employers take the piss which it sounds like your DH's has. There was no reason his Annual leave couldn't have been approved or refused weeks ago

WhatKatyDidNxt · 21/07/2020 09:46

OP you need to be clearer in explaining what happened so people can understand it. In terms of the leave not being agreed, then that doesn’t form a case for constructive dismissal. Most places l have worked it’s first come first served, sometimes by the end of April then August is full.
Where l work now this August has been full for a while -the minute people got a sniff lockdown would be starting to ease. People have asked me for the first week especially but it’s a no now lm afraid

SharonasCorona · 21/07/2020 09:48

Would he phone in sick for 2 weeks that he requested for annual leave? Won’t his employers see right through that?

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