I'll try make a long story short - basically I gave 2 months notice for time off work over xmas, which was declined only days before it was due to start. I keep getting conflicting information regarding Section 20 (1)(b) of the Working Time Act. Does anybody with actual experience of this know if the company is obliged to consult 1 month before the leave is to start?
Ring the WRC Information number 0818808090 and they will answer your question
As already said it's unfortunately at the companies discretion but they do have an obligation to respond to your quest, sounds like you asked 2 months before and only got the response 2 days before the date, keep following up with them in the future, force them to either approve or reject. The company also have an obligation to ensure you take your statutory holidays, but when they say suits them
This is the bit that's causing the confusion for me " to the employer having consulted the employee or the trade union (if any) of which he or she is a member, not later than 1 month before the day on which the annual leave or, as the case may be, the portion thereof concerned is due to commence"
Apparently not in the original text from 1997 but was added during amendments. Is it not a breach when no consultation took place 1 month previous? It seems to be in the statute book in black and white, yet seems to be ambiguous. That's why im wondering could the refusal without any consultation be argued before the WRC.
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The OP said "declined", not cancelled so possibly never approved, which is my point.
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Yes on reddit people who do not add anything to the topic/conversation get downvoted, do you see how you have now another comment that adds nothing to it.
My question directed to the OP, which for some reason you chose to respond to(???), if they never approved it in the first place then the OP should never have considered they were off for Christmas.
Your comment is "well they can cancel any holidays..." so I presume your stance is don't ever plan anything?? All irrelevant.
Plus the "duhhhh" is really childish on a sub where people ask for legal advice.
My underrating is you are entitled.to leave, but whe yiu can take it is at the discretion of the c9moany once it doesn't breach the act by creating a situation where you don't get ro take yiur leave. Companies can and do refuse leave for operational reasons. They have black out dates where leave can not be taken because it would hinder the ability to operate at key times in the year.