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

weespoon1 · 16 March 2017 at 3:29PM

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 · 16 March 2017 at 3:31PM

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.

weespoon1 · 16 March 2017 at 3:36PM

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 · 16 March 2017 at 3:44PM

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 · 16 March 2017 at 3:50PM

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 · 16 March 2017 at 4:00PM

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 · 16 March 2017 at 4:11PM

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 · 16 March 2017 at 4:28PM

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 · 16 March 2017 at 4:32PM

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.

Tammykitty · 16 March 2017 at 4:36PM

Don't forget Bank Holidays

Technically, your annual leave is 28 days, so you are entitled to taken 14 days of it by the End of June, and if you haven't taken it, you should be paid for it.

You will probably have taken 1st Jan, 2 days at Easter, and 2 bank holidays on May, so only leaves 9 days to take.

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

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