my holiday is not aproved and Im feeling discriminated

faral

I need your advice
I work in a busy hotel,having around 300 rooms as a night manager.Im there since nearly 7 years. For the first 4 years Ive had no problem with taking my holidays during August (reason for that is my wife's' organization closes doors every year for first 2 weeks of August and she has no choice but to take annual leave). There was a rule first come first served. Since two years we have a new management and they have banned any holidays in August explaining that this is the most busiest time of the year. Problem is that actually this is not the busiest time as level of occupancy vary between 85-95% from March till November with top season month being May June July August September and October,yet people are allowed to take holidays either month but August, second there is 1 person who actually enjoy 5 days of holidays in August so I have an impression that double standards are applied! Please tell me what should I do in that case?

chris85

faral wrote: »

I need your advice
I work in a busy hotel,having around 300 rooms as a night manager.Im there since nearly 7 years. For the first 4 years Ive had no problem with taking my holidays during August (reason for that is my wife's' organization closes doors every year for first 2 weeks of August and she has no choice but to take annual leave). There was a rule first come first served. Since two years we have a new management and they have banned any holidays in August explaining that this is the most busiest time of the year. Problem is that actually this is not the busiest time as level of occupancy vary between 85-95% from March till November with top season month being May June July August September and October,yet people are allowed to take holidays either month but August, second there is 1 person who actually enjoy 5 days of holidays in August so I have an impression that double standards are applied! Please tell me what should I do in that case?

Interesting one as annual leave is up to the employer when it gets taken. But they should take into account family responsibilities but would not consider getting holidays same time as your wife as a responsiblity. You could ask them about this and try force their hand on it a bit. But ultimately if they hold firm cannot see any legal issue.

Also people throw discrimination around a lot. This is not discrimination.

http://www.citizensinformation.ie/en/employment/employment_rights_and_conditions/leave_and_holidays/annual_leave_public_holidays.html

It is for your employer to decide when annual leave may be taken, but this is subject to a number of conditions. Your employer must take into account your family responsibilities, opportunities for rest and recreation that are available to you and to consult with you (or your union) at least one month before the leave is to be taken. In addition, annual leave should be taken within the appropriate leave year or with your consent, within 6 months of the relevant leave year. Further holding over (also known as carrying-over) of annual leave at your wish is a matter for agreement between you and your employer.

faral

chris85 wrote: »

Also people throw discrimination around a lot. This is not discrimination.

http://www.citizensinformation.ie/en/employment/employment_rights_and_conditions/leave_and_holidays/annual_leave_public_holidays.html

So how can one person enjoy holiday in August? is not that that rule applies to everybody?

chris85

faral wrote: »

So how can one person enjoy holiday in August? is not that that rule applies to everybody?

Unfortunately some companies do this. Not always fair but does not have to be fair. Discrimination is a whole other thing where you feel you are being singled out for being part of a particular group (be it gender, race, marital status).

The other person getting the holiday time may have other circumstances requiring it for family responsibility. I dont know to be honest. Or she could just be good friends with the manager and gets this perk. Not a whole lot you can do about that as not illegal.

jaymcg91

Discrimination can ONLY be claimed if it's because of one of these nine categories. People generally don't understand what discrimination actually is. Employers have the final say on when holidays can be taken (although most try to accommodate, they have no obligation to), if you don't like it, legally they don't have to care.

Gender: this means man, woman or transsexual
Civil status: includes single, married, separated, divorced, widowed people, civil partners and former civil partners
Family status: this refers to the parent of a person under 18 years or the resident primary carer or parent of a person with a disability
Sexual orientation: includes gay, lesbian, bisexual and heterosexual
Religion: means religious belief, background, outlook or none
Age: this does not apply to a person aged under 16
Disability: includes people with physical, intellectual, learning, cognitive or emotional disabilities and a range of medical conditions
Race: includes race, skin colour, nationality or ethnic origin
Membership of the Traveller community.

http://www.citizensinformation.ie/en/employment/equality_in_work/equality_in_the_workplace.html

Frynge

faral wrote: »

So how can one person enjoy holiday in August? is not that that rule applies to everybody?

Not everyone no. Assumming you work in a large hotel like you say there is most probably different restrictions on different departments. Right now i'm in work preparing our holiday schedule for the year 2015 and we have a first come first serve basis as well. It works on the date that the employees immediate manager has signed the holiday request form, which have been available to staff since september. We have 140 employees spread across different departments of the hotel and even though the rule of thumb is no one takes annual leave during the months of july, august and the last two weeks of december into the first week of january, the are departments where this is not enforced such as maintainence and gardening and office workers. Also we will accommodate some people with holidays during july and august (maybe 5 employees) but each would be made aware that it is no garuntee that it will be available to them the following year.

The reason for the allowence during july and august is mainly for the staff that have no real alternative periode for holidays such as a family members wedding.

Every year we have employees who tell us it is not fair as their spouse can only take that time off. Our answer is always the same. "Let your spouse tell their employer they want holidays in september as that is the only time you can take off."

Also the better the employee the more preferential treatment they would recieve.


On a side not and not specific to the op. Of late on boards there are a lot of people claiming discrimination without either an understanding of the word or use it in the subject line and then completely failing to explain it in the body of their post.

faral

Ok,thank you very much for all replies. I will take them into account while talking to gm. (Unfortunately my wife cannot change dates as frynge suggested)

Frynge

faral wrote: »

Ok,thank you very much for all replies. I will take them into account while talking to gm. (Unfortunately my wife cannot change dates as frynge suggested)

I was not suggesting your wife change dates, i was pointing out that you deem it acceptable that your wifes employer decides the dates she has holidays but you dont deem it acceptable that your employer decides your dates.

thesimpsons

also possible that the employee who enjoys holidays in August commenced work with that in his/her contract and brought skills to the job which the hotel GM deemed it working around this request.

for many years myself and partner couldn't take holidays together as one company closed last 2 weeks of july and mine the first 2 weeks of August.

If you've always taken your Holidays in August, I think you might have a case. However, your employer has the final word. Good Luck.