In our weekly legal column, the Leader, with the expert advice of the team at GHP Legal, sets out to answer some of your problems. Today's question is answered by solicitor James Denton...

Are bosses discriminating by prioritising leave requests from working parents?

Q: I manage a team of 14 people, several of whom are working parents. It has always been company policy to give priority to working parents when it comes to annual leave requests during school holidays. There is one member of staff, however, who has no children but whose wife works as a teacher. He is a good employee whom I would hate to lose, but he is very angry that he is never allowed to take his leave during school holidays when his wife is off. I have spoken to head office about it, but they are adamant that they are sticking to company policy - no kids, no school holiday leave. Isn't this discrimination?

A: Parenthood is not a protected characteristic under employment law and therefore discrimination cannot be applied. The Working Time Regulations 1998 instructs that all employees are entitled to 5.6 weeks of paid leave annually, but managers are under no obligation to accept all leave requests. It is entirely down to the discretion of the employer when their workforce takes annual leave. They are well within their rights to refuse requests for leave over the summer, and under no expectation to prioritise one employee over the other.

It is not surprising that your employee feels the system in your organisation is unfair if he is denied requests in favour of his parent colleagues, when his wife has contractually to take her annual leave during school holidays. Generally, these days, in order to promote a contented workforce that will benefit output, business owners try to ensure that no employee is receiving preferential treatment. This can be achieved by implementing a definitive first-come, first-served rule, an open and fair policy that allows all employees the chance to request leave for the same period. It is then up to employees with young families to make their requests as early as possible, or risk disappointment. Maybe you could put this to your bosses?

• This question has been answered by James Denton, a solicitor with GHP Legal. If you would like to speak to someone about this or any other legal matter, please visit our website www.ghplegal.com and use the contact us form, or call us on: Wrexham 01978 291456, Llangollen 01978 860313, Oswestry 01691 659194.