Been asked to cancel annual leave

koloko

deleted deleted deleted

ceridwen

Only ONE working day notice??:eek:

I thought the usual position is that employers might be able to cancel leave - but had to give some weeks notice that they were going to do so?

Perhaps you should check the "general" legal position - rather than the contract of your own specific firm on this?? Maybe the "law of the land" expects employers to give more notice than one measly day - and, if so, I would have thought that would outweigh an individual firms contract?

ceridwen

Me again. Just googled and found:

www.direct.gov.uk/en/Employment/Employees/Timeoffandholidays/DG_10034711

This is a Direct Gov link re holidays that might prove helpful.

One point there - it confirmed what I know that employees must give employERS at least twice the notice period of them taking holiday as the length of holiday itself. That is - if one requires one week holiday then one must give at least two weeks notice of this.

I would imagine much the same applies in reverse - though not specifically stated in that particular article. That is - that an employer would have to give at least two weeks notice to cancel one weeks holiday that the employee has arranged. SarEl will probably be along soon - and she would know whether the law works this way.

Also - there is certainly a moral obligation on employers to repay an employee any costs incurred from them cancelling leave at the employers "request". SarEl would also know if that moral obligation is also a legal obligation. I know, in my own workplace, that I have VERY occasionally heard of the employer cancelling someones holiday - but never ever when the employee has incurred costs (ie because they have booked to go away somewhere). This inclines me to think that we have the legal ability to make the employer repay us if they do this. At the least - they are certainly very very reluctant indeed to even TRY to cancel our holidays if we have let it be known we've booked up somewhere.


Personally - I would not mention to the employer that I had read the firms contract on that. I would just say "I regret I am unable to cancel x days holiday at only y days notice. Also - I have incurred costs of £y for the holiday I have booked for that time and would need them refunded to me".

Thats me - and what I personally would do. Loosely interpreted as "No - Mr Employer - I aint gonna do so and I'll charge you for it if you try" but put in a "polite" way.

Anyway - wait for someone to come along who knows the legal position on this...

SarEl

Ceridwen is correct. The employer can cancel approved leave but the contractual terms cannot be enforced because it is less than the legal requirement - which is twice as much notice as the amount of time it applies to. Two weeks for a one week holiday. There is no legal requirement to reimburse costs if this happens, although there is certainly a moral one.

I would agree with Cerdiwen also that my approach would be - I am terribly sorry but I have paid XX amount for this holiday which I cannot get back if I cancel, so much as I would like to help out, I cannot cancel my leave. Your manager may not be very happy (but then somebody is going to be unhappy, and personally I would make sure it isn't the soon to be ex-girlfriend if you cancel her birthday treat!), but legally the employer hasn't got a cat in hells chance of enforcing that clause - and actually, without compensatory time (which is doesn't mention) less than that. You cannot require someone to work during their annual leave.

Nirvana9

I know somebody that's looking for Bestival tickets if that helps. Send me a PM if you want me to put you in touch