granted annual leave then cancelled

Annisele

I actually think they're both right.

Employers shouldn't go back on agreements about leave - in the sense that it's mean, and in an ideal world it wouldn't happen.

However, legally they're perfectly entitled to cancel the leave if they want to (subject to notice as SarEl said, but 7 months is ample).

DVardysShadow

ohreally wrote: »

If your a/l leave has been authorised by you manager it should not be subsequently rescinded.

Have a read through the a/l policy document as changes should be agreed with staff side before implementation.

Inform your steward and request they investigate and sort the problem out.

SarEl wrote: »

The fact that a particular workplace policy may go beyond the legal requirement in no way prevents an employer from resorting to the legal framework. An employer can always cancel approved leave if they wish to do so, within the limits of the law, and no workplace policy will prevent them from doing so. And I cannot imagine that any NHS policy does not contain provision for cancelling leave - they may have emergency circumstances where there is no choice but to do so, and at much shorter notice than 7 months.

However, I invite you to read what you wrote. You said "If your a/l leave has been authorised by you manager it should not be subsequently rescinded." Nowhere does it say that your advice was based on policy (and I must assume you know what the policy says in Cardiff NHS since the OP didn't quote it or even say what they do for a living) - this is a blanket statement that it should not be rescinded. The law allows for this to happen, which is what I added. Your statement was misleading at best.

Yes, ohreally did say

ohreally wrote: »

If your a/l leave has been authorised by you manager it should not be subsequently rescinded.

Have a read through the a/l policy document as changes should be agreed with staff side before implementation.

Inform your steward and request they investigate and sort the problem out.

No where did ohreally say what the statute position was. Just used the moral word 'should', which makes it plainly a case of workplace ethics and maintenance of good relationships. Plainly in context, this answer relates to workplace rules and conduct.

Statute law is only a small part of conduct of workplace life and the lesser part of employment contracts is governed by statute - the major part is either a grey area or governed by explicit contract provisions.

No doubt your statement of the statutory position is correct, but unless you can actually justify that the statutory provisions on this issue override a moral 'should' to the point that it does not come into play, it is a bit premature to say that ohreally was incorrect.

SarEl

Annisele wrote: »

I actually think they're both right.

Employers shouldn't go back on agreements about leave - in the sense that it's mean, and in an ideal world it wouldn't happen.

However, legally they're perfectly entitled to cancel the leave if they want to (subject to notice as SarEl said, but 7 months is ample).

I agree entirely - they shouldn't but they do. And to be realistic, it may not be an emergency - but it is Christmas Eve, and whilst I deplore the fact that it is the case, one of the busiest times for the NHS.

ohreally

relic wrote: »

Probably the best reply ever.

"I know im wrong, but i'm gonna carry on what i'm saying. Let's hope we don't find out the outcome."

I'm not sure where this has come from, I'm certainly not intransigent and am happy to hold my hand up if wrong.

I can draw upon significant personal accountable experience in this arena, can you?

aka666

ok update, seen manager and asked Pacific dates when we can book al in December, was told from the 24th to 2 January can only be booked from October, rest of December anytime, the reason i did not get my al was that the person who i asked was putting down that i was booking on the 24th 2am to 6am, when i said that i was starting my shift on the 23rd and was booking 4 hours off, she gave it straight away, been reading some of the replys and really dont no how every department works, but the union person i asked said once granted, and got return slip i would have had my al.

suicidebob

As this is public sector, just mention to your manager that this holiday issue is causing you undue stress and book yourself off on the sick until New Year!

/kidding

aka666

i,m only making it a issue because i worked every Christmas eve/christmas day/new years eve/new years day for the last 3 years,i want this year off

heretolearn_2

'Pacific dates' sorry sorry sorry I know pedant's corner but it's SPECIFIC.

The Pacific is the name of a large ocean.

aka666

sorry "mate" i use spell checker alot, seeming as you lot cant wait to jump on someone who cant spell, have your 2 minutes of fame yeah ok i spelt it wrong get over it and yourself, hope this reply reaches your requirements an thank you for your time and for answering my simple question "for some anyway"

hcb42

LOL I am glad heretolearn pointed that out, I was confused, thought you were on the west coast of America there for a minute.