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Ben Jones
Ben Jones, UK Lawyer
Category: UK Law
Satisfied Customers: 47388
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I have a friend who was suspended from work, during his time

Customer Question

I have a friend who was suspended from work, during his time he had pre booked annual leave upon his return to work he has been told he does not get his annual leave back as it was pre booked.. is this correct?
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: UK
JA: What action has been taken so far? What's your ideal outcome?
Customer: He has returned to full duties after suspension
JA: Anything else you want the lawyer to know before I connect you?
Customer: thats all ok
Submitted: 6 months ago.
Category: UK Law
Expert:  Ben Jones replied 6 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 6 months ago.

How many days annual leave did he have and how long has he worked for the company?

Customer: replied 6 months ago.
2 weeks annual leave and has worked for the company for approx 9years.
Expert:  Ben Jones replied 6 months ago.

OK, thank you for your response. I will review the relevant information and laws and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Also, please do not responded to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you.

Expert:  Ben Jones replied 6 months ago.

Many thanks for your patience. This is a tricky situation but unless the employer had taken steps to cancel the holiday by giving the employee notice, it would have remained in place and an assumption that the employee would have taken it even if on suspension. What the employer could not have done is expected them to be available to assist with any investigation during the holiday period. So the suspension would have been applied from the start, the employee would have been expected to be available to assist the employer during that time as needed, then they would have had the holiday period and not been required to answer to the employer, then when the holiday finished the suspension would have resumed.

On the other hand, if the employee was not notified that the suspension was lifted they could try and argue that they would not have known that they can take their holidays and assumed that they are still on suspension.

The problem with all of that is that there is nothing in law which specifically deals with these situations and you are left with both the employer and employee having reasonable arguments to aid their case. Who is right is unfortunately not easy to determine and only a court can decide that. So unless your friend challenges this in court, they would be limited to either raising a grievance to formally complain to the employer, or accepting their decision.

I trust this has answered your query. Please take a second to leave a positive rating by selecting 3, 4 or 5 stars above - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please reply on here and I will assist as best as I can. Thank you