Can my boss do this?

[CushtyGirl]

Posted this over on Chat, but was told I'd probably get a more informed response on here?

I work part time as a receptionist in a very small local business. I work Mondays, Wednesdays and Friday mornings. The other receptionist only works Mondays and Wednesday mornings.

I've worked there for nearly a year, and up until now, if I've wanted to take my annual leave, the other receptionist has been happy to cover my Wednesday afternoon and Friday morning hours.

But twice recently she hasn't been able to cover my hours on a Friday, because of other commitments on that day, and so my boss has refused to let me take these Fridays off, eventhough I gave him over 5 weeks notice (our contracts say we have to give 4 weeks notice).

We discussed this problem with our boss, as my collegue feels very uncomfortable/guilty knowing that if she can't cover for me, then I can't take my annual leave.

We assured our Boss that she would always try and cover for me if possible, but asked that if it wasn't convenient for her, he would use a temp. And that way I could be confident of being able to take my annual leave when I wanted, and she wouldn't have to feel pressured or guilty.

Our boss refused point blank to hire in a temp, said if he had to do that then he might as well close his business, as it would be too expensive. But, he would only have to hire in a temp for perhaps 5 days per year, if that?

The meeting ended, unresolved, with him saying he would judge each individual request for annual leave on its own merits, but basically he wasn't prepared to use a temp.

Can he do this? I assumed that so long as I give the required length of notice, I should be able to take my annual leave whenever I want, and worrying about who will cover for me isn't my responsibility.

I believe that all annual leave is taken with the needs of the business in mind. So your boss can indeed refuse these leave requests. However there are many other, better-informed posters who should be able to confirm the situation.

Yes, employer can refuse request, but are you saying that you will never be able to take a Friday off?

That seems unreasonable, as it means that you would not be able to take a week's holiday.

Yes he can do this, you have no right to take annual leave when you choose, as long as your employer declines with enough notice. Most people can't take all their holiday on days of their exact choosing due to cover issues/other team members booking those days off etc. It would make no sense for there to be a law saying as long as enough notice is given holiday can be taken when the employee likes as then potentially the whole office could be off at the busiest time of year or whatever. It's fine for your employer to take business requirements into consideration when deciding whether to grant requests.

Is this a regular commitment the other lady has that means she will not ever be able to cover Fridays or is it just that the last couple of times she's not been able to do it?

So you can never take a week off?

Bizarre. I'd be looking for another job. What a twat.

Up until now, my collegue has always been able to cover my Fridays. But the last couple of times she's had other commitments on that day.

But, my collegue feels very resentful/guilty that if she can't cover for me, then I can't take my annual leave etc. She already feels very resentful towards our Boss because when he offered her the job, it was for more working hours on totally different days, which fitted in much better with her childcare commitments (which is why she took the job).

But in her first week he told her that she'd have to work different days, which were quite inconvenient for her, and that she'd have to work less hours per week. He assured her the situation would be rectified by Christmas (last year) but nothing has changed, and doesn't look likely to.

So, I'm worried that as my collegue already feels very short-changed, and now feels even more resentful he's pressurising her into covering for me, then she's going to feel less likely to oblige. And, then I'm the loser

Sounds like you both need to look for new jobs

It might be worth talking to ACAS, they are pretty helpful. I know that employers can make employees fit their holidays in with business needs but there must be a disclaimer that allows employees to take a full week's holiday.

What happens if you are off sick? Who covers then?

I would get looking for a new job i'm afraid - if i couldn't have a guarantee that i could take at least one full week off per year.

I totally understand that most employers can dictate when that week holiday is, but I think getting a whole week is important, particularly if you're part time, getting one or two days off and having to be back for your usual friday is not a 'holiday'.

Cushty, what happens on Tuesday and Thursday when neither of you work?

"there must be a disclaimer that allows employees to take a full week's holiday."

No such thing I'm afraid. As long as Cushty gets to take her holiday entitlement at some point during the year, there is no right to insist that some of that is in blocks of a week or more.

It is a bit rubbish though I agree. Can't you arrange your 'main' holidays with your colleague in advance? If you know she will need to cover then it won't matter how much notice you give your boss if she can't. Why not sit down with her and say I want to take a week/fortnight off sometime in x month, when could you cover. Then present your boss with the arrangements.