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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

To think this is really unfair

28 replies

Lovelycupofcoffee · 21/08/2022 17:37

So my son booked his holiday with work and is if to Scotland for a weeks break . Just before he left his boss told him he can’t go as the date has been double booked. They then told my son that if he goes on holiday dont bother coming back to work. I feel like going into his place of work and fighting his corner but I can’t do that can I ? Is this unfair dismissal and can we take it further ?

OP posts:
Original poster
Lovelycupofcoffee · 21/08/2022 17:38

Sorry I meant he is off to Scotland for a week typing to fast

OP posts:
Swannning · 21/08/2022 17:39

How long has he been there? If less than two years they can get rid of him for any reason that they like.

I believe that some employment contracts can make provision for them to cancel leave at short notice.

bloodywhitecat · 21/08/2022 17:39

So he booked his annual leave then was told he couldn't take it at the last minute?

TrueNorthernBird · 21/08/2022 17:44

His contract probably says holiday can be cancelled at the discretion of the management.

Antarcticant · 21/08/2022 17:46

Even if it's provided for in his contract, it's totally unfair.

His employer wants to watch out - it's an employee's market at the moment - they might regret it if they don't hang on to the staff they've got.

Sunnyqueen · 21/08/2022 17:47

Fuck em, why would he want to work for pricks like that anyway. He should enjoy his holiday then find something new when he gets back. Let them be short staffed for more than a week.

icelollycraving · 21/08/2022 17:47

Do not go to his workplace. He is an adult, you can advise him but you cannot approach his workplace.

ShinyMe · 21/08/2022 17:47

It's wrong that they've done that, but he needs to deal with it himself. Assuming he's an adult, his mum wading in with his employer is not going to help anyone.

Original poster
Lovelycupofcoffee · 21/08/2022 17:49

@bloodywhitecat so he booked it when the old boss was there . He checked twice and that the dates were ok and never got any negative feedback so they turn booked the hotels then on the last day he got told if he goes dont come back . They are short staffed as the last 2weeks he worked lots of extra shifts. I think I’m more annoyed than he is as he’s not overly keen on the job and is planning to try and go back to college His dad thinks it’s unfair dismissal we should take it further

OP posts:
ShinyMe · 21/08/2022 17:49

And to clarify, "we" can't take this further. There is no "we". Your son can look into it, but depending how long he's been there, he may not have any recourse to anything.

Lopar · 21/08/2022 17:50

You can't improve their treatment of him, or opinion of him, by going there and undermining him as an adult.

MajorCarolDanvers · 21/08/2022 17:51

Do not go to, or contact his workplace. He is an adult and mummy getting involved is not going to make things better.

Does he have more than 2 years service? If no then, there is nothing he can do.

If yes, Did he follow policy for booking annual leave?, Did the employer follow policy for cancelling it? If the employer goes though with the dismissal then your son should contact ACAS on his return and take their advice on what to do next.

dribblewibble · 21/08/2022 17:53

How long has he been there?

user1471457751 · 21/08/2022 17:55

Get him to check his contract but I think otherwise the employer would need to give the same amount of notice (maybe plus 1 day) as the amount of leave being taken. So if your son is taking a week off then the employer would have needed to give a week's notice. They can't then sack him for them breaking the law.

There is a good legal board on here OP, perhaps best to post there for advice.

wherearebeefandonioncrisps · 21/08/2022 17:56

Please don't go into his workplace and tell them what you think.
A. It's embarrassing
B It totally undermines him.

It's your son's place to deal with it.

By all means pore over his contract with him, look at ACAS website with him but it's not your job to 'deal' with his employers.

averageavocado · 21/08/2022 17:58

TrueNorthernBird · 21/08/2022 17:44

His contract probably says holiday can be cancelled at the discretion of the management.

Legally with twice the length plus 1 day as notice

averageavocado · 21/08/2022 17:59

An employer can refuse a leave request or cancel leave but they must give as much notice as the amount of leave requested, plus 1 day. For example, an employer would give 11 days' notice if the worker asked for 10 days' leave.

www.gov.uk/holiday-entitlement-rights/booking-time-off-#:~:text=An%20employer%20can%20refuse%20a,asked%20for%2010%20days%27%20leave.

Original poster
Lovelycupofcoffee · 21/08/2022 18:09

I know he needs to sort this out and I wouldn’t go into where he works . I will get him to look into it when he’s back .

OP posts:
MajorCarolDanvers · 21/08/2022 18:10

If they are really short staffed they will likely change their minds and want him back anyway

Nanny0gg · 21/08/2022 18:12

Again. How long has he worked there?

DorothyZbornakIsAQueen · 21/08/2022 18:12

His contract is the key thing here. He needs to read it and how it could be interpreted.

Discovereads · 21/08/2022 18:15

YANBU, but the energy would be better spent on your DS finding a new job or going back to college. I wouldn’t want to have a bully for a boss.

Original poster
Lovelycupofcoffee · 21/08/2022 18:15

@Nanny0gg hes been there about 4 months

OP posts:
Original poster
Lovelycupofcoffee · 21/08/2022 18:21

I am probably being a bit overprotective as he’s been having a tough time lately. I won’t go into his work though and I’ve managed to calm his dad down as well, let’s see what happens when he’s back . I’m hoping he goes to college or if not finds something better but I will just lurk in the background with my opinion. The odd thing is he goes still have the key to unlock when it’s his shift.

OP posts:
prepared101 · 21/08/2022 18:39

Lovelycupofcoffee · 21/08/2022 18:15

@Nanny0gg hes been there about 4 months

With respect OP he has no employment rights that would allow him to bring a claim (they haven't "discriminated" against him due to a protected characteristic).

They don't sound like the nicest employees so if I were him I'd hand my notice in before the holiday to ensure I was paid for work up to the holiday then not return.

Please don't contact his employer- this will just make things worse.