username5271424
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Hi, if there is a takeover of a company and the new company has said X cannot take holidays been 1st - 7th of March but every year she has been taking that time off as annual leave because X has to look after kids. what kind of employment rights would she be entitled to?
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threeportdrift
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(Original post by roseeeey_)
Hi, if there is a takeover of a company and the new company has said X cannot take holidays been 1st - 7th of March but every year she has been taking that time off as annual leave because X has to look after kids. what kind of employment rights would she be entitled to?
A company is entitled to put limits on when leave can be taken (eg not during term time, not during exam season, not during harvest, not during the run up to Y event etc), so she has no fundamental right to take any specific week off in the leave year.

Without knowing the specific reasons for needing that week off, it is hard to say, but it's not obvious that she could make a discrimination claim about not being allowed a specific week off work, provided she is getting the same leave allowance etc.

However, if she has some very specific reason to need to take time off for childcare responsibilities, she should explain that to the employer and negotiate.
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username5271424
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(Original post by threeportdrift)
A company is entitled to put limits on when leave can be taken (eg not during term time, not during exam season, not during harvest, not during the run up to Y event etc), so she has no fundamental right to take any specific week off in the leave year.

Without knowing the specific reasons for needing that week off, it is hard to say, but it's not obvious that she could make a discrimination claim about not being allowed a specific week off work, provided she is getting the same leave allowance etc.

However, if she has some very specific reason to need to take time off for childcare responsibilities, she should explain that to the employer and negotiate.
My assignment asks what are her employment rights?

She had been taking time off during the school holiday period for 4 years and the company had accommodated her for this but after the takeover she has been told she is not allowed to. Therefore, so what exactly would her employment rights be?
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Vexper
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(Original post by roseeeey_)
My assignment asks what are her employment rights?

She had been taking time off during the school holiday period for 4 years and the company had accommodated her for this but after the takeover she has been told she is not allowed to. Therefore, so what exactly would her employment rights be?
Reg 13 of the Working Time Regulations 1998 covers the entitlement to annual leave. I have a feeling you could be touching upon Reg 15 based around the requirement of the employer to give notice to the employee at equal length of the holiday if it is to be refused.

The employer needs to stipulate a clear business reason for cancelling their annual leave (which I assume she had already booked and received confirmation for this?) or was she trying to book it with the new company prior to the takeover? What happened with her contract or any collective agreements on the company takeover?

If there is nobody to care for the child they can take dependent leave, this is usually unpaid but the new employer has to respect the terms and conditions laid out in your contract which may stipulate this to be paid. The employer shouldn't mess about with your work hours to make up this time either. However, this is usually in an emergency which is not based around the described scenario - they knew well in advance.

I think what you may be looking for here is the legal right to unpaid parental leave - whether it's paid or not would be covered by their contract or a collective agreement, but generally employers without this - do not have it as paid leave. Often it's taken as week block which in this case would cover the 1-7th March. The legislation covered by this is touched upon in case law but is mainly found in;

http://www.legislation.gov.uk/uksi/1.../contents/made under reg 13 to reg 22

Also, if you're a law student, I'd be worried that you're posting your assignments asking for help in the job section of TSR lol. Start researching yourself!
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threeportdrift
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(Original post by roseeeey_)
My assignment asks what are her employment rights?

She had been taking time off during the school holiday period for 4 years and the company had accommodated her for this but after the takeover she has been told she is not allowed to. Therefore, so what exactly would her employment rights be?
Well I'm not an employment lawyer, but I don't think there are any that are actionable, based on this information.

She has rights against discrimination for a protected characteristic, but it would have to be more than 'I'm a married woman and need to take my kids to Hunstanton that week'.

She has a right to use all her leave, but so long as she can do that during the year, and is able to be evenly spaced out etc, that's OK.

There's nothing about setting a precedent or being allowed to maintain a personal pattern of leave that I'm aware of.

Apart from minimum amounts of paid leave, there's not much law around leave, there may be agreements with Unions in unionised industries, but the details are a matter fo company policy and negotiation.
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