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Can an annual leave request be considered a reasonable adjustment?

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MairiV
MairiV Community member Posts: 3 Listener
edited August 2021 in Work and employment
I’m looking for some advice about reasonable adjustments in the workplace for my adult daughter and more specifically whether an annual leave request could be considered under this category. She lives at home with us as she has moderate learning difficulties and works part time in a hotel - Monday to Friday 8am till 12pm and has done this for the last 6 years. We put in an annual leave request for 5 days because we have booked a holiday and she can’t be left on her own but it has been turned down. Does anyone have any advice/suggestions about whether we have any recourse through “reasonable adjustments” 
Thanks for reading 
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  • janer1967
    janer1967 Community member Posts: 21,964 Disability Gamechanger
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    Hi and welcome to the community 

    Request for annual leave don't normally come under reasonable adjustments 

    Did she explain the reason why she needs the leave 

    Normally you are advised not to make holiday arrangements until leave has been authorised 

    She could request unpaid leave but again if the reason the leave has been turned down is due to staffing levels and business needs this could also be denied 

    As the leave has been requested due to her disability needs you may try and mention it as a reasonable adjudtment but as I said I don't know how you will fair with it being a Request to go on holiday 

    It may be worth getting advice from ACAS 
  • MairiV
    MairiV Community member Posts: 3 Listener
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    Thank you, i think we’re going to go back to HR and explain the situation then see what happens 
  • janer1967
    janer1967 Community member Posts: 21,964 Disability Gamechanger
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    Yes that's the best idea for a start point 
  • MarkM88
    MarkM88 Community member Posts: 3,127 Connected
    edited October 2021
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    Carts said:
    This should be at least the number of days you require as advance notice so one weeks holiday requires one weeks notice. 

    Even if your daughter’s employment contract states she should provide 6 months notice for leave, she would still be able to provide just reasonable notice because her contract cannot surpass uk law.
    That’s not quite right, the gov website clearly explains that you should provide at least twice as long notice as what is required off plus one day.  

    It also clearly states that if a contract says something different in terms of notice the employee or employer needs to provide, it is the contract that applies. 

    It’s important to give correct advice. 

    Taken from the gov website -

    Booking time off 

    The general notice period for taking leave is at least twice as long as the amount of leave a worker wants to take, plus 1 day. For example, a worker would give 3 days’ notice for 1 day’s leave.

    An employer can refuse a leave request or cancel leave but they must give as much notice as the amount of leave requested, plus 1 day. For example, an employer would give 11 days’ notice if the worker asked for 10 days’ leave.

    If the contract says something different about the notice a worker or employer should give, what’s in the contract will apply.

  • Ross_Alumni
    Ross_Alumni Scope alumni Posts: 7,652 Disability Gamechanger
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    Hi @Username_removed

    Happy for these conversations / debates to happen, and they're interesting to read. however comments such as "Good lecture. 12 posts in and you’re telling others how the world works. You may want to pause and reflect at this point" are not conducive to a respectful debate. 

    I don't think @Carts was trying to lecture anybody, and was instead just taking part in a debate over the subject of this discussion. Let's all try and keep our comments considerate of one another's point of view, and remember that words read through an online forum don't always convey the intended meaning.
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  • MairiV
    MairiV Community member Posts: 3 Listener
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    Thanks for comments, feedback & suggestions- the situation has been positively resolved directly with the employer.
  • Ross_Alumni
    Ross_Alumni Scope alumni Posts: 7,652 Disability Gamechanger
    edited October 2021
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    Closed, pending moderator review.

    Edit: thread will remain closed, as OP's problem has been resolved.
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