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My employer refuse to pay for my holiday?

Can a employer completly refuse to let you take any of your holiday?

  • My husband has been working for the same people for 3 years now. He works as a chef in a small pub restaurant hotel. Every time he asks if he can take some holiday the answer is always. no İt does not matter what time of year it is. for my husbands 40th birthday İ had booked a holiday to new york. it cost alot of money. İ asked his employer before booking if my husband could have this time off. they said ok. A month before we were due to go they changed there mind and said he could not have the time off. They told him if he took the time off he would not be paid a could face being sacked. we argued with them but in the end had to cancel the holiday and lots alot of money. A few weeks later they went and gave the head chef the same weeks off that they would not let my husband have to go to new york. They treat the head chef like god he have every night off. gets any time off he wants. and always leaves early and never finishes his work and never gets in to trouble. The other chef in kitchen gets every weekend off and gets what ever holiday he wants. We have 3 children with special needs and medical conditions and struggle to get to hospital appoinments because they won't let him have the time off. My family are coming to see us for the first time in 4 years and they wont let him have 1 weekend off. Also İ am expecting another baby and am due to have a ceserean next january. They are refusing to let him take time off for this. Can they do this. Can they treat my husband this way. İsnt this discrimination in away. Does my husband have any rights. İf they refuse to let my husband have any holiday will they have to pay him instead. Or is it a case of tuff luck. my husband has had enough. He has tried to find another job but there are not many jobs around at the moment. any advice would be much appreciated thanks in advance

  • Answer:

    UK answer. He is entitled by law to 28 days holiday a year BUT it's the catering trade. My husband was a Chef for many years and worked every boxing day (his birthday) and never had weekends off. He asked for one day off for our wedding, was refused, took it off and was sacked. The employers are the scum of the earth and treat anyone in hospitality as second rate citizens. We remortgaged our home and bought our own business and treated our staff with love and kindness. He needs to phone ACAS but I bet there is nothing he can do except keep looking for another job. Has he tried the Agency Adecco they usually have catering jobs. Good Luck. Thinking a bit more, if he takes the time off and is sacked he could take them to a tribunal. ACAS will tell you. the American answers are just rubbish, thank goodness we don't live there.

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Your husband should be able to take time off because there is a limit to the number of days you can take off work per year.

well if you are in the UK you are entitled to 20 days holiday a year and that includes the 8 days public holidays, like Christmas etc. So at a very minimum he should be 12 days holiday (whether they have to pay him I can't say, but he is entitled to them). He would also be entitled to time off when you have the baby. I would suggest you see Citizens Advice or lots of solicitors do a free initial consultation. You need to speak to someone. what his employers are doing is wrong. Good luck

whatever the contract says - annual leave is not a legal entitlement. surprised you are having another baby with 3 special needs children, but paternity leave IS now a legal entitlement.

No business has to give you holiday or vacation pay or time off with pay that is purely up to the owners. Restaurants also do not have to pay over time and can require you to work every day. That being said your husband works for jerk. With 3 "special needs" children it is doubtful you have time for an outside job so you should be able to take them to appointments even though it is tough you made the choice to have children. Under the family medical leave act he take up to 6 months off and they cannot fire him but this is not I need friday off, this is I am taking January off or January through whatever

Whatever is in your husbands contract is what counts. If it says he's entitled to 0 hours of holiday then that is all he's entitled too. You should of got in writing that they have signed him the time off to go on holiday, as now there's nothing you can do.

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