Can my employer cancel my holiday leave

tracey0273

Over a month ago I put in my holiday request form and it was signed of by my employer. My holiday starts from tomorrow.

Today my boss phoned me and said a new girl who started 5 weeks ago has quit and as she was on trial dose not need to give a weeks notice. Now my boss has canceled my holiday leave.

Ok i am not going away but i do have a few plans, but i worked 5 weeks with only 2 days of until the new girl started then I had to train her for a week.

Can he do this?

LittleVoice

tracey0273 wrote: »

Over a month ago I put in my holiday request form and it was signed of by my employer. My holiday starts from tomorrow.

Today my boss phoned me and said a new girl who started 5 weeks ago has quit and as she was on trial dose not need to give a weeks notice. Now my boss has canceled my holiday leave.

Ok i am not going away but i do have a few plans, but i worked 5 weeks with only 2 days of until the new girl started then I had to train her for a week.

Can he do this?

They can cancel your holiday but not at no notice.

Regarding the no notice from the new person - it is their decision to accept no notice from her. By law she is required to give a week's notice. They would also have been required to give one week's notice to her.

dacouch

What trade are you in

Xeorix

tracey0273 wrote: »

Over a month ago I put in my holiday request form and it was signed of by my employer. My holiday starts from tomorrow.

Today my boss phoned me and said a new girl who started 5 weeks ago has quit and as she was on trial dose not need to give a weeks notice. Now my boss has canceled my holiday leave.

Ok i am not going away but i do have a few plans, but i worked 5 weeks with only 2 days of until the new girl started then I had to train her for a week.

Can he do this?

I don't think there is anything in the law to stop them from doing this, however im sure I've read somewhere there is something to say that if they do this, they must give the same notice as the leave duration

2 weeks leave would mean giving notice 2 weeks prior

Andy_L

Yes, although he needs to give notice equal to the amount of leave (eg 1 week if you've requested 1 weeks holiday)

zzzLazyDaisy

The employer can refuse permission for the holiday by giving notice at least the same length as the holiday requested.

http://www.acas.org.uk/index.aspx?articleid=4303

In your case, the employer is too late to legally give counter-notice.

But before you make waves, please be aware that *if* you started working for the employer on or after 6th April 2012, you have very few employment rights and with only a few restricted exceptions, the employer can dismiss you without giving any reason within the first two years of employment and there would be nothing you could do about it.

tracey0273

LittleVoice wrote: »

They can cancel your holiday but not at no notice.

Regarding the no notice from the new person - it is their decision to accept no notice from her. By law she is required to give a week's notice. They would also have been required to give one week's notice to her.

My boss has said that he would rather her not come back as there is alot of money involved in the job.

He told me as I am the manager it is my job to stand in.

tracey0273

zzzLazyDaisy wrote: »

The employer can refuse permission for the holiday by giving notice at least the same length as the holiday requested.



In your case, the employer is too late to legally give counter-notice.

But before you make waves, please be aware that *if* you started working for the employer on or after 6th April 2012, you have very few employment rights and with only a few restricted exceptions, the employer can dismiss you without giving any reason within the first two years of employment and there would be nothing you could do about it.

I started working there in Feb 2012. but I dont think there is much i can do as i cant be out of work right now.

rikbar

Hi there,

What you could do is negotiate with your boss over cancelling your holiday at short notice, maybe suggesting that a couple of days in lieu could compensate for the late request. This might build you some goodwill with the boss and also give you a little more time off. Just try to be clear when the holiday could be moved too, and if moved it is fixed in the diary

Just a thought and is always worth the ask

HTH

Rikbar

Savvy_Sue

tracey0273 wrote: »

My boss has said that he would rather her not come back as there is alot of money involved in the job.

He told me as I am the manager it is my job to stand in.

As nicely as possible, at some point, ask him whose job it will be to stand in for you should disaster strike, eg if you fall under a bus.

I think every business should have a 'if they fell under a bus' plan for everyone in a key position.

pinkshoes

zzzLazyDaisy wrote: »

The employer can refuse permission for the holiday by giving notice at least the same length as the holiday requested.

http://www.acas.org.uk/index.aspx?articleid=4303

In your case, the employer is too late to legally give counter-notice.

Out of interest, what would then happen if you'd booked a holiday somewhere?

I'm sure "boss giving counter-notice on holiday a week before departure" is not covered in insurance, so who would foot the bill of the lost holiday?