Can my employer make me cancel my leave?

Takeaway_Addict

I agree with regards getting extra staff or cover in as per my last post but I have never heard of a reference stating that if the employer doesn't refuse the request before a certain time that is accepted.

Can you link me please. Thanks

Southend1

Unless your contract says otherwise, you should give your employer notice of your intention to take leave. This should be at least twice as long as the holiday that you want to take. For example, you should give at least two weeks' notice for a one-week holiday.

Depending on the wording of your contract, your employer may be able refuse permission for you to take leave. Employers can only refuse permission if they give you notice which is at least as long as the holiday requested. So to refuse a request for a week's leave they have to inform you at least a week before the holiday is due to start.

(From http://www.tuc.org.uk/workplace-issues/basic-rights-work/c-your-basic-rights/05-holidays/paid-annual-leave)

I don't think leave can be cancelled by the employer once approved except in the police/army etc. Though I can't find anything to back this up at the moment. Maybe in one of my TUC manuals at work. Will look to tomorrow.

Certainly if you agreed to a request from the employer to cancel leave you would have a strong case to argue they should cover any costs incurred as a result.

getmore4less

i can't do it currently but best to refer to as a starting point :

the employment acts.

paddedjohn

Savvy_Sue wrote: »

What I'm trying to say is that if I want a week's holiday, I have to request it at least two weeks in advance.

If my employer doesn't say 'no' more than a week before the holiday is due to start, I think I can assume they've said yes.

If I want a day's holiday, I must give two days notice, and the employer must say 'no' by the day beforehand.

Obviously making assumptions is very dangerous because the leave request could have been mislaid.

All of which can probably be over-ridden in the staff handbook / terms and conditions, but ...

paddedjohn and I are disagreeing about how much notice an employer must give if they wish to CANCEL leave which has previously been agreed. I think that if they are cancelling a 3 week period, they must give 6 weeks notice, he thinks it's only 3 weeks. I've given the best source I can find.

But I still think - especially given the further info from the OP - that the employer needs to face up to the fact that they need some additional help to cover the long term sickness!

Sorry but all I stated was that an employer must give at least the same notice as requested to REFUSE the request.
Cancelling holiday is a grey area with no definite legislation that I can find anywhere meaning that employers try it on and its up the employee to negotiate the best deal they can ie compensation for any out of pocket expenses.

agrinnall

To be certain you'll need to do as getmore4less suggests and check the Employment Acts here.

The advice in gov.uk seems to suggest the following:

You must give notice of at least twice the length of leave requested when booking it
The employer may refuse leave as long as they give notice of at least the length of the leave (which implies they must be able to cancel pre-booked leave)
The employer can tell staff when to take leave, or restict periods when it can be taken, as long as notice of at least twice the length of the enforced leave is given

https://www.gov.uk/holiday-entitlement-rights/booking-timeoff

LittleVoice

As the right to paid leave was given in the Working Time Regulations, I think that is where one needs to look rather than any Employment Rights Acts.

ValHaller

agrinnall wrote: »

The employer may refuse leave as long as they give notice of at least the length of the leave (which implies they must be able to cancel pre-booked leave)

I do not see that there is any implicit right for employers to cancel pre-booked leave (ie once approved) derived from the right to refuse leave. I think this probably heads off into the area of estoppel if the employee books a holiday on the basis of a leave request being approved

Le73Uq86Uv

If the employer is willing to make up any loses you have incured I can see no reason to not give up the holiday.

But my guess is they will not as it would be cheaper to get an agency to cover the work.

mariefab

15(4)(b)

http://www.legislation.gov.uk/uksi/1998/1833/regulation/15/made

paddedjohn

mariefab wrote: »

15(4)(b)

http://www.legislation.gov.uk/uksi/1998/1833/regulation/15/made

Amongst all the garbled language, all that explains is the notice periods required for requesting holidays and for denying the requests