Can I sue my Employers?

ericrop2000

u can wont be good your first employer already

Voda

Read your contract. You have a certain length for holiday leave and you can usually take this time whenever you wish.

I would talk properly with your employers first before jumping to litigation action.

I had a 22 week contract with 10days holiday and I COULD have taken that time off at the beginning if i wished.

Sarah B

If you are on contracted hours, e.g 30 hours a week then yes you should seek advice.But if you are on a zero hour contract then you won't get far

Lily B Talus

no you cant sue them for breach of contract as you haven't been employed by them for long enough and they could argue that you are in breach as you took a two week holiday three weeks into a job.Get some legal advice, your union should be able to help - or the c.a.b.

James M

When you were being interviewed for the job, did you tell them that you had pre booked your holidays?

PHIL P

Lots of bits and pieces answers so far, but these are the facts.

1) If a company makes you a written job offer which you accept - they must compensate you if they change their mind (because you may have resigned from another job to join them).

2) Holidays can only be taken at times/days that suit the business needs and are subject to management approval - (otherwise teachers would take holidays in term time!).

3) If a reasonable request for holiday is submitted in good time and approved by management, then they should compensate you if they need you to cancel it - (otherwise, anytime a co-worker was off sick they would be cancelling holidays to provide cover).

4) Holiday entitlement is accrued pro-rata to time with the company. So if you get 24 days a year, then you earn them at the rate of 2 per month employed. Employers often let you bypass this arrangement and take holidays before entitlement has been earned - because they can always reclaim them from your salary if you leave.

If this is an agency job, then the rules are very different, and you have far fewer rights.

I would talk directly to the HR section (if any) and stick to the 4 points I have listed - as these are your rights. Keep anything in writing that you have received from them, and also think about whether you want to work for a company that behaves like this !

Good Luck.

Becca bOO

well they might be able to say when you can and cannot work since your not the boss you don't make the rules. since they didnt allow you to go on the holiday and you did it anyway that shows that you weren't being obedient and they were probably really pissed off so therefore they aren't giving you any work and technically they are allowed to do that since the boss can basically do whatever they want. and plus i dont think your supposed to go on a two week holiday if you've only been working there for three weeks.

Miss Typo!

i dont know about suing them, but some companies do put in the contract that holiday can only be taken after a certain amount of service eg, 1 month or 3 months, so check whats written in ur contract first

Raeleen

NO, YOUR JOB IS YOUR JOB. U CANT HAVE IT YOUR WAY ALL THE TIME. YOU ARE LUCKY THEY DIDNT FIRE YOU. THERES A REASON WHY THEY WANTED YOU TO WORK.

Tombo

You had no right to take holiday at a time of your choosing; your employer was perfectly entitled to take a dim view of it.

They obviously can't leave you on suspension indefinitely, but you are fortunate not to have been dismissed already.

sarahxx69xx

no they have every right to refuse your holiday as you gain uou holiday through weeks and mounths you work there.
usally though they ask in ur interveiw and application forms that if yoiu hav any planned holidays.
speak to some ppr people and see what ur rights r
x

pete p

Barbaratus

In my opinion you dont really have a leg to stand on. Did they know about the holiday before they employed you? normally they do have to honour your holidays. There is generally a 'probationery' period that the law gives companies when beginning employment......i think its 3 months.....in that period they can terminate your employment in any way they deem fit.
In any case, its worth a look into with a professional....most of these places will give you a free first appointment, wouldn't harm to sit for an hour and see what tey say :)

GL.

Mia~

So let me get this...you were only employed for 3 weeks, and you expect them to give you a longer holiday than everyone else? Well, that doesn't look good on your part. Most people wait till vacation time that's owed to them to take vacations. You CANNOT sue them, cuz you went against their policy. You did not have any vacation time coming to you, they told you no, but you left anyways.

what they did was give you an indefinite suspension. Means you're fired, can't collect unemployment cuz you technically quit, and will never be rehired their again. AND it looks bad on resumes..

Next time, don't book vacations before you start a new job. They're not obligated to let you come and go as you please. You work for them, remember.

LillyB

You don't have a leg to stand on - you're fired. What are you going to sue them for?

Eddy T

You have no contract to fall upon. So sorry no rights.

***VeRoCiOuS***

if you've only been employed by them for 3 weeks you shouldn't be asking for 2 weeks vacation!

oliprofessor

you say you gave them several weeks notice yet you've only been in employment for 3 weeks.

did you tell them you were going on holiday before they employed you or after they employed you? because I fancy you told them afterwards.

If you did indeed tell them after they employed you, there's not a magistrate in the land who won't side with the company on that; it's utterly taking the p*ss.

jampsycho

umm... ahhh... better yet, drop by citizens advice bureau

2Much2Young

Unfortunately, because of your very short period of service there is very little you can do. It is fairly common for new employees to start a new post with 'pre booked' hols and most decent employers would honour these. It is a bit bizarre they have not technically sacked you, possibly because you chose to go on hol they have presumed (by your actions) that you have resigned. I would put this down to experience and look for another post.

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