Employment related legal advice required

V

vectramat

Member
Hi all

Just wondering if anyone can give some advice on my current situation.

I am currently employed full time as a car sales exec, however recently, I have seen a dramatic drop in sales/profit/footfall, basically, theres been a long quiet spell. Nothing to do with xmas and new year as its been the same for a few months.

Hence, ive started to look around at other, bigger companies with a better brand.

So on tuesday im having my usual weekly day off when I get a call late afternoon from one of the companies ive applied to, and they want me to attend an interview on Thursday as this is the day they are being held. I knew id be working, but since the company im at is a small family business and have been very flexible in the past, i thought im sure they would help me out. Ive previously worked days off, gone in on days off to help the business and not taken more lunch breaks than i can count, hence my reasoning. Plus i had a holiday day booked for 3rd January, which was approved by management, however I didnt take it due to a customers requirements.

So i asked the question when back in today, and said i know its short notice, but could I either take the holiday on Thursday, or swap next weeks day off to Thursday, and not have a day off next week. Or failing that, only do a half day.

I get an instant no, and they want to know why I want it off. Cant say for interview. Could have said got an opticians or dentist appointment, however they have been known in the past to check up on these. So i said I have an appointment, and its of a private nature.

Got another NO and youll have to change it, because the person i asked, a manager, is also off on that day.

So as a result, im now going to have to take an early lunch hour, go to my interview and go back to work. I wanted to be prepared for the interview and arrive in good time.

Can an employer do the above, do i have to tell them why i need the time off, even if it is for private reasons. Ive always found the company very helpful at times like this, yes I appricate its short notice, but theres more than enough other staff there to cover, and ive done the company more than enough favours in the past. Need some advice here guys and it would be appriciated.

Thanks
Matt
 
Advice from Mr M...
Your employer can say no, its at managers discretion.
Reasonable notice is usually a fortnight.
However they are being unreasonable with you but it will de difficult for you to challenge them without coming out worse off.
Saying its a private appointment doesn't matter. They can ask why and if you won't tell them what the private matter is then its their prerogative to say no.
He says you can raise a grievance with the hr department if you want.
 
Cheers Carol, Im guessing Mr M is a solicitor?

There isnt a HR department as such, the business isnt big enough for one (only 13 employees). However ive decided im now going to 'work to rule' and actually take a full lunch hour every day, and take my usual days off ect.

I just hope I get the job im being interviewed for as its a big PLC with huge prospects, and of course more money :D

Really appriciate the advice from the both of you.
 
No, he's a 'boss' :D
He deals a lot with this sort of thing and he knows employment law well.

He says they're probably worried you're looking for another job under the current circumstances so that's why they are being unreasonable.

I don't blame you in doing just what you need to. There's no loyalty or allowances made in companies these days.

Good luck with the interview. Let me know how you get on?
 
vectramat said:
Got another NO and youll have to change it, because the person i asked, a manager, is also off on that day.
Click to expand...


A serious question:-

Is he also going for an interview for the same job?
 
they are just your employer, they don't own you, why you want time off is absolutely nothing to do with them, does it not state in your contract how much notice they require for you to book an holiday?
 
vectramat said:
-----However ive decided im now going to 'work to rule' and actually take a full lunch hour every day, and take my usual days off ect.
Click to expand...

Don't make it obvious that you are vexed with them - be subtle, ie go off site at lunch time and even then not EVERY day! The same goes for your days off, work the odd one if it fits in with your own plans and don't tell anybody what your doing - not a soul!

Hopefully you'll get the new post! :thumbsup:
 
From what I recall standard conditions of employment usually say that holidays can only be taken with approval of your line manager.

So, yes, I agree with Carol (and Mr M), they have a right to refuse your request.
 
ronk said:
vectramat said:
-----However ive decided im now going to 'work to rule' and actually take a full lunch hour every day, and take my usual days off ect.
Click to expand...

Don't make it obvious that you are vexed with them - be subtle, ie go off site at lunch time and even then not EVERY day! The same goes for your days off, work the odd one if it fits in with your own plans and don't tell anybody what your doing - not a soul!

Hopefully you'll get the new post! :thumbsup:
Click to expand...

i would agree with this.

If I started working to rule my boss would know something was up.
 
Thanks all for the great advice/feedback

I think because of the size of the business, we all tend to know when each other is pretty annoyed.

As said, hopefully ill get the new position and I can leave them to their own devices and enjoy my own success.

Oh Ronk, dont think hes going for the same job unless he wants to take a paycut and work more hours a week - like your thinking though :D
 
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