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Ben Jones
Ben Jones, UK Lawyer
Category: UK Law
Satisfied Customers: 45392
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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My husband put in a holiday request back in February asking

Customer Question

Hi , my husband put in a holiday request back in February asking for 3 weeks holiday for end of this week. We had email last night saying it was denied but they state they sent a letter which we never recieved. We are going to Australia to see family which we stated in request firm. Other employees have been granted longer periods of time off. They are now threatening gross misconduct. We fly out on Thursday
Submitted: 1 year ago.
Category: UK Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. How long has he worked there for?
Customer: replied 1 year ago.
Hi Ben, he has been with the company around 5years or so. Never taken time off unauthorised, has had 3 days sick leave last year when I had a miscarriage but that is all. Never had a warning for anything
Expert:  Ben Jones replied 1 year ago.
His employment rights may be rather limited in the circumstances I’m afraid. Whilst he has the right to make a holiday request, the employer also has a right to reject it. Under law they can do this as long as they give notice equal to the holiday requested. So for example in this case he had requested 3 weeks off, at any point up to 3 weeks before the holiday is due to be taken they can reject his request with no reason.
They claim that they had sent a letter to confirm this, however you never received it. The fact you did not receive it does not mean they cannot rely on it. As long as they can show it was sent or provide reasonable proof that they had drafted and sent it at the time then it can still be valid even if not delivered or lost in the post.
An employee should not assume that silence on the employer’s part means their request has been granted. They should seek formal confirmation before making any travel plans because the employer can potentially deny that request. The fact others have been granted leave makes no difference to his position.
If the request has been denied properly then going off would amount to unauthorised absence from work and can be a dismissible offence. So he should be careful with what he decides to do.
I hope this has answered your query. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you
Customer: replied 1 year ago.
They have stated in an email that it could be gross misconduct. We are looking jnto the employee handbook but a instant dismissal would mean gross misconduct and it should state this in the handbook am I correct ? If it does not state that, do we have grounds to appeal ?
Expert:  Ben Jones replied 1 year ago.
It is not necessary for an offence to be listed as gross misconduct in the handbook or a contract for it to be treated as such. As long as it is serious enough to justify instant dismissal it can be an offence which is not mentioned in the handbook. Of course it would depend on the circumstances but it is certainly possible – the handbook cannot cover every possibility. In any event he has the right to appeal regardless of what grounds he has.
Customer: replied 1 year ago.
We have received nothing from the company as such only the email his manager passed to us informing us of this decision. My husband has not been informed by personnel that this could happen, but the manager was told to tell him in an email. He has not been given an opportunity to appeal this decision only that it could be instant dismissal. Is this correct procedure
Expert:  Ben Jones replied 1 year ago.
But a decision has not been made yet so he cannot appeal anything, only once he has been taken through a formal disciplinary and a decision made can he make an appeal. Does this clarify things for you?
Expert:  Ben Jones replied 1 year ago.
Hello, I see you have accessed and read my answer to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? I just need to know whether you need further help or if I can close the question? Thank you

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