Active discussions

Meet the Other Phone. Only the apps you allow.

Meet the Other Phone.
Only the apps you allow.

Buy now

Please or to access all these features

Talk
AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

Work refusing me time off on a weekend

30 replies

mummaj12 · 04/03/2022 22:51

I'm slightly confused really. I work for a community care company. We all have to work every other weekend. I've got a lot of holiday owed to me and due to working limited days am struggling to fit it all in. My manager has said I can never book a weekend off if it's my weekend to work. Is this allowed? AIBU I'm thinking I should be allowed to book time off if it's my working weekend?

OP posts:
nocoolnamesleft · 04/03/2022 22:52

If I want time off when I'd be working out of hours, I have to swap it. Can't just take it off. But that's NHS.

Mistressiggi · 04/03/2022 22:55

So you would never be able to book an actual week off work, by that rule

Asiama · 04/03/2022 22:55

Unfortunately employers can dictate when you take holiday so they do have the right to deny you every weekend.

GinIronic · 04/03/2022 22:55

This makes no sense. You cannot have two weeks off - for example - because you have to work 'your' weekend?

CombatBarbie · 04/03/2022 22:56

That can't be right, that means you could never have 2 weeks off? What does your contract/HR policy say about leave?

Original poster
mummaj12 · 04/03/2022 22:57

@nocoolnamesleft

If I want time off when I'd be working out of hours, I have to swap it. Can't just take it off. But that's NHS.
I mean take the time off on a weekend obviously as long as notice was given. She has said I can never basically book a weekend off if it's my working week so I wasn't sure if she was allowed to do this. I only work a few days in the week and she is refusing me that holiday too due to staff shortages (which I understand) I'm just confused as to when I'm going to be able to take my holidays. X
OP posts:
dizzydizzydizzy · 04/03/2022 22:57

I can't comment whether your employer has the right to do this, but I certainly think it is very inconsiderate and short-sighted of them. Time to look for a new job, OP!

Original poster
mummaj12 · 04/03/2022 22:57

@GinIronic

This makes no sense. You cannot have two weeks off - for example - because you have to work 'your' weekend?
This is my exact point. If I was too book a 14 day break it would be declined according to my manger.
OP posts:
Original poster
mummaj12 · 04/03/2022 22:58

@CombatBarbie

That can't be right, that means you could never have 2 weeks off? What does your contract/HR policy say about leave?
We have no HR department. It's a private company. We have no access to our holiday allowance and I'm constantly being refused any holidays I request x
OP posts:
Original poster
mummaj12 · 04/03/2022 23:00

@Mistressiggi

So you would never be able to book an actual week off work, by that rule
This is exactly my point. She says it's not allowed.
OP posts:
Stompythedinosaur · 04/03/2022 23:00

It is shit, but I think it is legal.

Original poster
mummaj12 · 04/03/2022 23:00

@Stompythedinosaur

It is shit, but I think it is legal.
:( frustrating really
OP posts:
Asiama · 04/03/2022 23:02

Your employer can't not let you take holiday at all. But they can say for example, you can never take Mondays off, which means you can never have a two week holiday. As long as they let you take your annual leave, they can dictate when you can and can't take it.

It's short sighted and not great for the employee, but it is allowed.

TrippinEdBalls · 04/03/2022 23:02

It's crappy of them but not illegal. If they're preventing you from taking your leave at all that is illegal though.

Original poster
mummaj12 · 04/03/2022 23:03

@Asiama

Your employer can't not let you take holiday at all. But they can say for example, you can never take Mondays off, which means you can never have a two week holiday. As long as they let you take your annual leave, they can dictate when you can and can't take it.

It's short sighted and not great for the employee, but it is allowed.

It's so frustrating. The days I request in the week are being denied also so I'm not being allowed the holiday I'm currently requesting either. I was basically told because I'm not full time staff they take priority over booking holiday more than me
OP posts:
Etinoxaurus · 04/03/2022 23:04

@Stompythedinosaur

It is shit, but I think it is legal.
You can’t just bandy claims like that around! Are you in HR? An employment lawyer or trade unionist? @mummaj12 ask ACAS- are you in a union? If not- join one!
Original poster
mummaj12 · 04/03/2022 23:05

@Etinoxaurus I spoke to ACAS on Friday about another issue regarding my holiday hours so I will give them another call thank you

OP posts:
londonmummy1966 · 04/03/2022 23:06

Get them to confirm in writing that your holiday claims come after those of full timers. Bet they won't....

Original poster
mummaj12 · 04/03/2022 23:07

@londonmummy1966

Get them to confirm in writing that your holiday claims come after those of full timers. Bet they won't....
I actually have it in a text message from my manager with those exact words
OP posts:
Asiama · 04/03/2022 23:16

OP that's not on. There is a piece of regulation called The Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000. It says in general, you can't be treated less favourably just because you are part time. Prioritising full time workers holiday over part time workers would absolutely fall under that.

I would try not to go guns blazing legalese and ask when you can take your holiday. They can't just tell you that you can't, you have a right to take it.

Lou98 · 04/03/2022 23:23

As others have said, they legally can decide that you're not allowed to take your weekends off.

Employers must allow you to use all your annual leave but they can dictate how it is used. If they're refusing every holiday request you put in then I would be asking (in writing) when you can take your AL - if they reply saying you can't take it at all then you can pursue legal action. If they give you alternative dates then you don't really have a leg to stand on but at least you'll have holidays booked.

As for prioritising full time workers over part time - I do believe that's illegal (although I may be wrong on that) and as you've said you have this evidenced in writing, I would be discussing that with your union if you have one or seeking legal advice

Original poster
mummaj12 · 04/03/2022 23:23

@Asiama

OP that's not on. There is a piece of regulation called The Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000. It says in general, you can't be treated less favourably just because you are part time. Prioritising full time workers holiday over part time workers would absolutely fall under that.

I would try not to go guns blazing legalese and ask when you can take your holiday. They can't just tell you that you can't, you have a right to take it.

All communication is done via text message and on three occasions she has ignored my request for the holiday I have booked off. I feel at my wits end. I waited months to find out how much holiday I had accrued as my manager was withholding this information from me. Eventually she told me my hours then said I had to use them by the bed of March then when I requested holiday she said she would carry the hours over to never year but I just want to take my holiday x
OP posts:
londonmummy1966 · 04/03/2022 23:24

I am surprised as it is illegal as PPs have noted. I would point that out to them and then ask sweetly, for the leave you want. If they remain difficult you'll know its time to look for a new job.

MomOfTwoGirls2 · 04/03/2022 23:28

It’s an employee market at the moment. So many places crying out for staff.
Time to polish up the CV and find some place that appreciates you.
This really is not on!

Original poster
mummaj12 · 04/03/2022 23:30

@MomOfTwoGirls2

It’s an employee market at the moment. So many places crying out for staff. Time to polish up the CV and find some place that appreciates you. This really is not on!
The difficult thing is I love the people I look after. I know looking for another job is the right move though x
OP posts: