Resignation and Holiday Entitlement

Darren_1981

Hello,

I'm hoping someone can help, i've handed in my one months notice and already have 6 holiday dates confirmed within this month from my manager.

Now they want to cancel these 6 days so i can come into the office but i want these days off.

Please can someone assist to see if I am entitled to these days off considering they were booked a couple of months ago.

Thanks.

hcb42

when are the holiday dates, and when did they ask you to cancel them?



Can you compromise with them, I guess they want you in the office, and they will have to pay any holidays earned but not taken when you leave/final pay.

Darren_1981

they are over next weekend (long weekend ) and the middle part between christmas and new year. They are going through HR at the moment but i want the days off, especially as they are already confirmed. I would meet them in the middle but they have mistreated me in my opinion so i want to leave for pastures new.

zzzLazyDaisy

Your employer can refuse permission as long as they give at least as much notice as the length of the holiday.

Also it is worth checking your contract/handbook. Some specifically state that no holidays may be taken during the notice period and others state that any outstanding holiday must be taken during the notice period.

To be honest it is not unusual for employers to want an employee to come in during leave to hand over work. You would be entitled to be paid for any outstanding holiday when your employment ends. Of course if by giving in your notice this means that you will not have accrued enough leave to take 6 days' holidays, this may also be a reason for the cancellation.

It is also worth remembering that you may want a reference at some point in the future.

Uncertain

Technically the employer can cancel an approved holiday, giving twice as much notice as the length of the holiday booked.

There is then a real grey area if you suffer quantifiable losses as a result.

Obviously if they do not let you take the holiday before you leave they will have to pay you for it but that is not really what you want.

I would have thought this needs some sensible negotiation. Most employers realise that somebody who is leaving is of reduced value and that somebody who is forced to be there against their will can be a liability.

The clever bit is to gently get this across!

Edit - cross posted with Daisy

Googlewhacker

Uncertain wrote: »

Technically the employer can cancel an approved holiday, giving twice as much notice as the length of the holiday booked.

There is then a real grey area if you suffer quantifiable losses as a result.

Obviously if they do not let you take the holiday before you leave they will have to pay you for it but that is not really what you want.

I would have thought this needs some sensible negotiation. Most employers realise that somebody who is leaving is of reduced value and that somebody who is forced to be there against their will can be a liability.

The clever bit is to gently get this across!

Edit - cross posted with Daisy

Whilst this is true if it is something like working on a till then the risk is relatively low that they would be unproductive as they would have little choice but to serve customers.

However in an office where they are left to work under their own steam....

The_Pedant

Technically the employer can cancel an approved holiday, giving twice as much notice as the length of the holiday booked.

as I understand it that is not correct, as LazyDaisy stated, it is the same as the period off requested.

See the scond line in the 1st secion 'If you want to take holiday': http://www.direct.gov.uk/en/Employment/Employees/Timeoffandholidays/DG_10034711

zzzLazyDaisy

Thank you for pointing this out - though to be fair, I think that was an inadvertent slip by Uncertain as he is normally spot on with these things.

Uncertain

Thank you both - you are quite right!

LittleVoice

zzzLazyDaisy wrote: »

Thank you for pointing this out - though to be fair, I think that was an inadvertent slip by Uncertain as he is normally spot on with these things.

I think Uncertain may be correct. This is not a case of an employer refusing to grant permission for the holiday but one where they are cancelling the permission already granted.

PS But Uncertain has accepted being wrong! (cross posted with me or I didn't see post #9 before responding).

I have since looked at the 1998 regulations and agree there is a reference to the employer saying when holiday cannot be taken and giving notice only of equal length to that of the time which cannot be taken.
Was there never anything in amendments which covered cancelling an entitlement which could be considered contractual as it had been positively agreed?

Uncertain

I suspect either way there will be time for the employer to legally cancel the holiday if they are determined to do so.

More difficult for us to judge is if the employer has good reason or is just being awkward..

The best way forward is negotiation, failing that it comes down to how important it is to part on good terms.......