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  • FIRST POST
    • weespoon1
    • By weespoon1 16th Mar 17, 12:28 PM
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    weespoon1
    Annual leave approved before notice period - can my employer revoke it?
    • #1
    • 16th Mar 17, 12:28 PM
    Annual leave approved before notice period - can my employer revoke it? 16th Mar 17 at 12:28 PM
    Hi all,

    My husband and I booked our honeymoon back in January, long before I had any intention of leaving my current job. I was offered a great new position and accepted last week, handing in my required 3 month notice period.
    The annual leave for my honeymoon which was approved back in January lies in my notice period and the holiday has been booked costing us a few thousand pounds. Would my employer be able to revoke it?
    Thanks!
Page 1
    • motorguy
    • By motorguy 16th Mar 17, 1:04 PM
    • 14,843 Posts
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    motorguy
    • #2
    • 16th Mar 17, 1:04 PM
    • #2
    • 16th Mar 17, 1:04 PM
    Hi all,

    My husband and I booked our honeymoon back in January, long before I had any intention of leaving my current job. I was offered a great new position and accepted last week, handing in my required 3 month notice period.
    The annual leave for my honeymoon which was approved back in January lies in my notice period and the holiday has been booked costing us a few thousand pounds. Would my employer be able to revoke it?
    Thanks!
    Originally posted by weespoon1
    They could try. If they were a bunch of miserable !!!!s, yes.

    If they tried i would say "i am happy to work with you on a handover plan that facilitates my pre-agreed annual leave request within the constraints of my remaining notice period" or similar.

    If they want to be silly !!!!!!s i'd revise your end date to the date you plan your leave, and advise your new employer you may wish to start sooner than expected.
    Regards

    Paul
    • weespoon1
    • By weespoon1 16th Mar 17, 1:20 PM
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    weespoon1
    • #3
    • 16th Mar 17, 1:20 PM
    • #3
    • 16th Mar 17, 1:20 PM
    Thanks - considering 4 of us handed in our notice at the same time (and none us knew the others were doing the same thing) I'm concerned they may try to.

    From what I can see by the research I've done they have to have a genuine business need to refuse it and it could be challenged. I'm waiting on them confirming if the entitlement I have left has taken this approved annual leave into account.

    I'm wondering what the consequences would be if I were to say what you suggested but made it very clear that I am going on that holiday? It's giving me a lot of anxiety, among the other stresses and boss being in a pretty bad mood that all of his team are leaving in one go.
    • getmore4less
    • By getmore4less 16th Mar 17, 1:21 PM
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    getmore4less
    • #4
    • 16th Mar 17, 1:21 PM
    • #4
    • 16th Mar 17, 1:21 PM
    Check your contract there may be provisions in that you need to consider.
    Not unknown for must/can't take holidays in notice.
    • weespoon1
    • By weespoon1 16th Mar 17, 1:24 PM
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    weespoon1
    • #5
    • 16th Mar 17, 1:24 PM
    • #5
    • 16th Mar 17, 1:24 PM
    I've been told I can take holidays during my notice period, however I'm concerned that the 2 weeks that were booked and approved months ago would fall outside of the annual leave I've accrued since I won't be there for a full holiday year. The annual leave was requested and approved and a holiday booked months ago before I had any thought of leaving.
    • leslieknope
    • By leslieknope 16th Mar 17, 1:32 PM
    • 151 Posts
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    leslieknope
    • #6
    • 16th Mar 17, 1:32 PM
    • #6
    • 16th Mar 17, 1:32 PM
    I've been told I can take holidays during my notice period, however I'm concerned that the 2 weeks that were booked and approved months ago would fall outside of the annual leave I've accrued since I won't be there for a full holiday year. The annual leave was requested and approved and a holiday booked months ago before I had any thought of leaving.
    Originally posted by weespoon1
    if you haven't accrued enough holiday allowance to cover those two weeks off, they will deduct it from your final wage. so you will find your last paycheck is a lot less than expected - make sure you factor this in.
    CCCC #33: 42/240
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    • getmore4less
    • By getmore4less 16th Mar 17, 1:33 PM
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    getmore4less
    • #7
    • 16th Mar 17, 1:33 PM
    • #7
    • 16th Mar 17, 1:33 PM
    What is the holiday year and allowance, does this booked take you over prorata.
    • weespoon1
    • By weespoon1 16th Mar 17, 2:07 PM
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    weespoon1
    • #8
    • 16th Mar 17, 2:07 PM
    • #8
    • 16th Mar 17, 2:07 PM
    20 days for the year running Jan-Dec - I'll be finishing in June. I can understand them removing the days from my last pay cheque which wouldn't bother me - what I'm more concerned about is that they try to revoke them and being jerks about it.
    • stator
    • By stator 16th Mar 17, 2:18 PM
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    stator
    • #9
    • 16th Mar 17, 2:18 PM
    • #9
    • 16th Mar 17, 2:18 PM
    Well. what are they going to do? Chain you to the desk?
    They can't stop you taking leave, even if they 'cancel' it.
    Worst they can do is deduct days pay from your final salary payment
    Changing the world, one sarcastic comment at a time.
    • weespoon1
    • By weespoon1 16th Mar 17, 2:23 PM
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    weespoon1
    I had the same thought - they are in the habit of threatening employees with legal action if they try to negotiate their notice period down (has happened in the past) which is why I'm worried they might be difficult about it.
    • rtho782
    • By rtho782 16th Mar 17, 2:27 PM
    • 911 Posts
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    rtho782
    Fine, but it might just so happen you're quite poorly sick those two weeks. Cough Cough.
    Deposit Saved since 01/12/15: 13,000 / 15,000 House Bought!

    Debt Cleared since 01/12/15: 6,000 / 7,500
    • weespoon1
    • By weespoon1 16th Mar 17, 2:29 PM
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    weespoon1
    To be honest the stress of dealing with the atmosphere that's being created is really getting to me - I can't imagine what it would be like if they start to be difficult over this.
    • neilio
    • By neilio 16th Mar 17, 2:31 PM
    • 214 Posts
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    neilio
    If I were you, I'd assume that I'm still going on my booked leave, and that I'm still finishing on the date I gave notice to be finishing on.

    It's none of your business that other people have also resigned. I'm curious, what is your line of work that requires a 3-month notice period, and what is so terrible that so many of you are leaving?

    As others have said, only a twit boss would cancel your leave. At which point during your notice are you away? You had it booked ages ago. It's not as if you're asking to book leave after you've given notice.
    Last edited by neilio; 16-03-2017 at 2:35 PM.
    • weespoon1
    • By weespoon1 16th Mar 17, 2:36 PM
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    weespoon1
    Line of work - advertising.

    The new place I'm going to had never heard of such a long notice period for an account handler - the company is a complete mess, several issues have been raised during appraisals regarding everything from workplace bullying to the expectation that account handlers will be available at all hours to take calls from clients etc and the only response anyone got was that we should just suck it up. Hence why I'm leaving.

    2 weeks so only 11 working days.

    If they do try to revoke the leave is there anything else I can do other than tell them I'm going anyway?
    • neilio
    • By neilio 16th Mar 17, 2:44 PM
    • 214 Posts
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    neilio
    Apologies if I didn't phrase my question properly. What I meant was, when during the three months are you away for the 2 weeks; are you going on your honeymoon imminently, or next month, or towards the end of your notice period?

    What legal action do they/can they take if you attempt to negotiate a reduced notice period?
    • weespoon1
    • By weespoon1 16th Mar 17, 2:50 PM
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    weespoon1
    Oh sorry - it's at the end of my notice period. When I come back from holiday I'm back in the office for 1 week before I leave.

    From speaking to the last person who left and was threatened with legal action - they threatened to take her to court for the financial loss caused by her leaving 3 weeks early - they threatened but didn't carry it through, most likely because I can't see how they could prove that she lost them any money in leaving early.
    • neilio
    • By neilio 16th Mar 17, 3:00 PM
    • 214 Posts
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    neilio
    Work your notice and don't even remind them you're going on leave. Then when it's time for your holiday, set your out of office and say "turrah, see you in two weeks" then walk out the door. If anyone challenges you, tell them you'd had it booked ages ago, you were told you could have leave during your notice, and nobody had said anything to you. The worst is they tell you not to come back. So what, you'd be leaving after a week anyway.

    If, between now and your leave, someone brings it up, tell them you are going anyway. If they tell you your leave is cancelled, remind them that you were told you could take leave during your notice. Frankly, three months is a long time for anywhere to expect people not to take any leave.

    If they don't tell you what you want to hear, then go to your HR department and ask them to amend your finish date to the last working day before you go on leave, which would be equivalent to finishing three weeks early. They'll still get two months plus one week of your notice. This would mean that you miss out on three weeks' pay, but given you sound miserable at work, it might be worth your sanity and happiness.
    • weespoon1
    • By weespoon1 16th Mar 17, 3:11 PM
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    weespoon1
    I'd love it if I could get away with not reminding anyone - however we have to do handovers with any projects etc going on over the period we're away so another member of staff is available for the clients I would normally deal with. At the moment I'm still waiting on them to confirm that the holiday entitlement they've told me I have has taken my approved 2 week holiday into account and my plan is to see if they have an issue with honouring that holiday and if they do let them know that I will still be going because of how far in advance it was booked etc etc and see if I can shorten my notice period. It is really miserable and my new employer is aware of the how bad the situation has been at my current work. Other employees would be able to give me references rather than the head of the team should it come to that.
    • tea lover
    • By tea lover 16th Mar 17, 3:28 PM
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    tea lover
    As your holiday year runs Jan to Dec, you'd accrue 10 of your 20 days by the end of June. So if HR are saying you have some leave entitlement left it sounds as if that maybe doesn't include the leave already booked (as technically that puts you a day over what you'll have accrued and you'll owe them a day).
    • weespoon1
    • By weespoon1 16th Mar 17, 3:32 PM
    • 14 Posts
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    weespoon1
    This is what I thought - but they know I've got holidays booked and signed off so asked them to clarify - still waiting to hear back.
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