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discrimination.

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anna99 | 15:12 Thu 10th Nov 2011 | Law
10 Answers
hello.
My mother was recently denied holidays she requested for religious and cultural purposes as my grandfather passed away this july. she needs to be in our home country for the ceremonies and it is impossible for her to go and come back in in less than a week which is what she was only allowed because two other english women have requested holidays on the same time. she thought an eight month notice would be sufficient as she needs those days off next july. is there a case here so that i can make her supervisor give her those days off? she refused to let my mother see the manager as well.

Thank you.

anna
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Many employers have a system for booking holidays often based on workloads and a 'first come first served' basis. There are sometimes limits too put on maximum holiday lengths. The only case she may have is if she finds other requests for the same dates get approved after hers was turned down.
It might be worth asking for unpaid leave - that way the employer...
16:10 Thu 10th Nov 2011
what makes this discrimination? If others are off on holidays at that time then perhaps there just isnt enough cover.
Can she not contact the manager directly and ask for a chat?
It doesn't sound like a case of discrimination to me, it seems more likely that July is a time of year that many employees go on holiday and there would be nobody left to cover if they allowed her to take that time as well as the two other staff.
So have they said she could have less than one week off but not longer? Exactly how long have they said she could take?
Its only discrimination if others were to be granted extra leave for religious purposes and then it was refused. If the others have booked their leave through the correct channels and it had been approved I don't see there is anything wrong in turning down the request. I would recommend writing a short note to the others who have the leave...explaining the situation and politely asking if they would be in a position to change their dates. They might be willing to be flexible...if they haven't got anything booked yet.

Your mother could also contact the manager or their PA and ask to see them... the request is unlikely to be refused but may cause bad feeling. It is possible that the manager will simply say that decisions like these are the remit of the supervisor and he/she won't overrule him/her as it would leave a staffing problem.

BTW it doesn't matter if the other two staff are english as this is a matter simply of entitlement to leave where there is probably a policy regarding booking/cover levels. Your mum wants a longer period of annual leave...that is the only relevant issue.
Question Author
well she is allowed 28 days and all the requests were made around the same time and yeah i did not know what this was so i put it down as discrimination but i was just trying to help my mother get those days off. she is very upset as she doesn't ask for much usually. she covers for anyone who calls in sick or is on holiday and she never gets paid extra. she obliges to work overtime if they need it and its just amazing that her supervisor would treat her this way. i mean had it been for a pleasure trip i would not be kicking up such a fuss but this is according to religious and cultural reasons which is why i thought the management should understand as well. i mean she is only asking for two week instead of one that she is allowed during that time. and the thing is that they hire temps all the time and just dont see why she cant be allowed to attend to my grandfathers memorial.

thanks.
I don't think I would see why she has to attend that either anna in fairness. A funeral yes but a memorial, not so much. What is the significant cultural and religious meaning behind it? Also, what country is she going to? Maybe it would be helpful to know this in order for others to give you more answers.
Financial constraints mean organisations will not have a budget for temps to cover leave only sickness. It may be the manager will not know how obliging she has been if it has not been passed up the line...

this may be why the supervisor is being difficult... Its a while til July one of her co workers could leave...anything could change...
Many employers have a system for booking holidays often based on workloads and a 'first come first served' basis. There are sometimes limits too put on maximum holiday lengths. The only case she may have is if she finds other requests for the same dates get approved after hers was turned down.
It might be worth asking for unpaid leave - that way the employer may be able to afford a temp to cover and your mum may be able to take holidays then at more convenient time for the employer .
Question Author
oh we are from india and this memorial includes scattering his ashes and pujas which takes a lot of priests and relatives to attend. as she was unable to do it this year she is expected to do all the ceremonies this coming july. but asking for an unpaid leave is a brilliant suggestion factor30. thank you very much. i will let my mother know this and see where it goes. hoping for the best. thank you very much y'all.
Yes, if she asks for unpaid leave it will show to her manager that this trip is really important to her and the manager may find a way of allowing as a holiday

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