Annual leave approved before notice period - can my employer revoke it?

getmore4less · 16 March 2017 at 4:39PM

20 days means that is + 8 BH

You will accrue up to 14 days including BH depending when you leave in June(might be 12 or 13) there are 5 BH to take off those.

As there are 4 of you there should be some way to accommodate each others cover in case they have not got new people on board.

with the time being 3 weeks of leaving you should be close to have handed over everything anyway.

What are they going to do about the telling the clients.

weespoon1 · 16 March 2017 at 5:14PM

We also have the option to work the bank holidays and take them elsewhere if we want to - so I could always do that.

We all have 3 months notice period and have been told on no uncertain terms are we to tell clients that we are leaving. Personally I don't agree with it - I'd much rather tell me clients know with plenty of notice so they know when to expect a new person taking over their account rather than dropping a bomb on them a week before I go. When I first started the person I was replacing hadn't told her client yet and she was gone within a week of me getting...and some clients still hadn't been told!

Going in is starting to make me feel physically sick and I've suffered from migraines for the past few weeks due to the issues that have been going on at work and I'm a bit worried if they start to go down the route of threatening legal action that I'll end up signed off with stress. You can probably see why I decided to leave!

TBagpuss · 16 March 2017 at 5:43PM

Normally, the rule is that an employer can cancel pre-approved leave provided that they give notice of at least the same length as the holiday (i.e. if you have booked 2 weeks off, they would have to give you at least 2 weeks notice that you were cancelling it ) Your contract may include additional provisions, so check that.

However, if thet wre to seek to cancel your leave in circumstnaces wehre you were going to lose out finacially, and you chose to walk out, this might well amount to contsructive dismissal. They could threaten you wh legal action, but that may be something which is worth mentioneing if they do.

And of course if they do start behaving badly and that causes you to become ill, you can be signed off. Being signed off for stress does not mean that you can't go on holiday, as what a doctor's note says is that you are not fit to work. Where the illness is stress, a holiday or break may be benficial in helping you to recover. (and, as a fianl point, do you think the company would wnat the bad publicity that would go with them being puvblically named and shamed for forcing you to cancel you wedding /honeymoon *when they had previously approved it*? It could start to look a lot like bullying or victimisation for having given in your notice.

weespoon1 · 16 March 2017 at 5:58PM

Can you explain how it might be constructive dismissal?
The MD was an advocate before he set up the company so while usually I'd be happy to slam down the legal action gauntlet, I expect I'd get push back from him.
This is kind of my hill to die on though because I refuse to cancel my honeymoon.

motorguy · 16 March 2017 at 7:13PM

weespoon1 wrote: »

Can you explain how it might be constructive dismissal?
The MD was an advocate before he set up the company so while usually I'd be happy to slam down the legal action gauntlet, I expect I'd get push back from him.
This is kind of my hill to die on though because I refuse to cancel my honeymoon.

Whilst its easy to worry about it - i'm a worrier too - heres the reality of it :-

You're given them 3 months notice
You have previously requested your annual leave and it was approved
You ARE going on honeymoon. End of.
You are happy to work with them for the remainder of your time there to ensure a successful handover.

They can huff and puff if they like, however you're going on honeymoon. End of.

They can either work with you to ensure your successful handover is done around that OR you can come in for the next 3 months, scratch your metaphorical plums, do a half hearted crap handover and go on holiday anyway and theres frankly sod all they can do to stop that.

Hence my original response - if they show any signs of objection your response is "i am happy to work with you to ensure a successful handover around my upcoming approved annual leave".

For all their potential postulating around that it doesnt change the outcome - you ARE going on honeymoon - so theres nothing to worry about.

getmore4less · 16 March 2017 at 7:49PM

The other thing to do as a group of leavers is set a united front.

The one thing you no longer have to worry about is losing your job.

Start referring things back into the management team especially anything that goes beyond your leaving date even if it would normally be within your remit.

also a kind of silent work to rule, no putting yourself out like you used to things can wait if it is time to go home.

Back off slowly over the next few weeks.

in about a month signs of recruitment should be happening.

The wedding is an idea handover strategy, people take over client thinks its for 2 weeks but is prepared and in the loop and it just keeps going that way.

mgdavid · 16 March 2017 at 8:00PM

Does your manager and/or HR actually know that the leave is for your honeymoon? If not then tell them, soon as.
Just remember, there's plenty of bad employers & managers, plenty of jobs - but only one honeymoon!

TBagpuss · 16 March 2017 at 8:42PM

weespoon1 wrote: »

Can you explain how it might be constructive dismissal?
The MD was an advocate before he set up the company so while usually I'd be happy to slam down the legal action gauntlet, I expect I'd get push back from him.
This is kind of my hill to die on though because I refuse to cancel my honeymoon.

The constructive dismissal argument would be on the basis that by doing something as unreasonable as [trying to] force you to cancel your honeymoon and lose the financial outlay they would be breaching the implied duty of mutual trust and confidence between employer and employee. Whether or not you would succeed if you *actually* went to an employment tribunal is, of course, a different question, but your aim would be to dissuade your employer from trying to cancel your time off in the first place.

No sensible employer wants to risk an employment tribunal if they can avoid it. But if they've any sense they will be aware that if they push you too hard you may end up getting signed off sick with stress, in which case you still won' be there but it may be for longer then 2 weeks and with less warning.

paddedjohn · 17 March 2017 at 11:37AM

If in the unlikely event you have to go off work with stress you can still go on your honeymoon AND still have your holidays accrued for when you return to work or in your case have them paid for in your final wage

getmore4less · 17 March 2017 at 11:38AM

Holidays still need approval when sick.

Annual leave approved before notice period - can my employer revoke it?

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