Can a new manager cancel existing holidays?

Mummy_Moo

Hello,

I joined a new company in February on a 0-hour contract - with the verbal agreement at interview that I would work an average of 16 hours per week, with no weekends or bank-holidays and only between the hours of 8:00am - 5:30pm. I specified these hours as I am a single parent and cannot work when nursery is closed. The manager (and area manager) that hired me agreed that this would be absolutely fine and in no way detrimental to the business.

Shortly after beginning work I spoke to the manager about booking time off over Christmas - I was told that this wouldn't be a problem as we would be very quiet at this time of year. I therefore went ahead and booked off the last two weeks of December (plus New Year's Day). My manager checked the dates I wanted and gave a verbal approval, it was then noted on the calendar. At this point there was no more formal system of requesting leave. Shortly after this another member of staff requested the same time off and this too was approved and added to calendar.

Fast-forward a few months and we have a new manager. Not long after this new manager started a group of us were discussing holidays and I mentioned that I had booked off time over Christmas - the manager said she didn't think anyone should be allowed time off over Christmas, but I pointed out that it had already been booked and nothing more was said. Not long after this the new manager introduced a new system for holiday bookings (a small form with the requested dates on and a space for the manager to sign to approve) - when this was introduced we were told that all holidays already on the calendar would stand but that new requests should be put on a form. I successfully used the new scheme to book some leave over the summer with no problems (except that they forgot to pay me - and I had to wait an additional 5 weeks for my holiday pay - but that's another story).

When checking the calendar the other day I noticed that someone (presumably the manager) had crossed out my holidays (and those of the other staff member) over the Christmas period). The manager was not in at the time - so I thought it best to complete a holiday request form to avoid any confusion, I stated the exact same dates as had been approved by my former manager in February. The other staff member followed suit.

This morning the manager told me that she was not prepared to authorise the holiday over Christmas. She said no one should be booking time off over Christmas as everyone would like time off to be with their families - and that if I had time off she would have to work. I pointed out that it was approved in February, but her response was that the former manager shouldn't have approved it and insinuated that perhaps she wasn't very good at her job and had been a bit of a push-over. She just kept repeating that it wasn't fair for me to have time off and her to have to work. I asked if there could be some sort of compromise (I take the week around Christmas off and work the week around New Year), but she wouldn't give a firm answer on this and just said we'll have to wait and see.

The dates I requested were 22nd December - 3rd January (inclusive). We are always closed on Sundays and will be closed on Christmas Day, Boxing Day and New Year's Day anyway - so all staff will be off then. We have ample staff to cover the shifts, and so far there is only myself and one other person who have booked any leave (plus one more on New Year's Eve) - but we easily cope having 3 people off on the same day on a regular basis so this shouldn't cause any staffing problems. It is also highly likely that trading hours will be reduced at this time so people would be working less than usual anyway. I appreciate that there may be other people who would like time off - but none of them have made any effort to request this - whereas myself (and the 1 other) proactively booked this 10 months in advance.

Basically, what I would like to know is:

- Can a manager cancel a holiday approved by a former manager?
- Can a manager refuse a holiday request when I am the first to request the time and it will not adversely affect the running of the business?
- If the holiday request is refused and I am rota-d in - can I reject the shift on the basis that I'm on a 0-hours contract? (obviously a last resort).

Is this worth fighting at all? There is nothing in the contract or employee handbook regarding holidays and I have been told by other managers that this is not a company-wide policy. Basically my manger doesn't want me to take it as a holiday as she wants to be able to choose how to distribute the shifts over the festive season.

I appreciate that everyone may like this time off but in the past I have gone to considerable trouble to work weekends as my manager has pointed out that she should be able to take her holiday entitlement whenever she likes and it is down to me to cover this - should the same rule not apply here?

Thanks all - sorry for the long rambling post.

gettingtheresometime

I suppose it all depends on how much you want to rock the boat - you may win this battle but your manager may try and be an awkward bovine and then put down for shifts that are even more awkward for you.

As for booking Christmas off so early in the year, I can appreciate that this would annoy some staff - when I changed jobs a few months back I had already booked a holiday pre-Christmas so I made sure (in writing) that I could have that time off but was hoping to have the Christmas/New Year period off as well. Unfortunately for me a colleague has made it quite clear that they won't be in so it looks like I'm working. I can imagine it either ruffled, or would have, a few feathers if the other staff knew you and your other colleague had bagged Christmas (yes it won't affect the running of the business but it will mean someone else has to come in)

Mummy_Moo

Thank you.

I don't really want to rock the boat at all, but neither do I want to be a push-over or be taken advantage of. I like the team, including my manager and we all get on well. I do understand that other people may like time off but we have sufficient staff for everyone to have some time off in addition to the bank holidays when everyone will be off. We all pull together when people take holidays / are off sick / leave without notice and I have done more than my fair share of extra shifts and responsibilities. Surely I am entitled to my holiday too.

The main issue is childcare. Nursery will be closed and I don't have an alternative. Surely it is better to request a holiday months in advance than wait until some time in December when there is a rota available and then say "errr, I can't do that."

All in all I completely understand why the manager has said no, and I know she is trying to be fair and even. If she wanted to decline a new request then that would be a different matter, but this has already been authorised, and there seems to be no policy in place to suggest that my request should be declined.

QuackQuackOops

I agree completely with the new manager and yes, she is within her rights.

Noone should be receiving time off at Christmas in this way. Its a time when everyone would like those two weeks off work but someone has to work it, so a proper timetable needs to be drawn up.

At my place of business, it is usually those with young children who get the time off around Christmas and the singles or younger ones who get the time off around New Year.

You are wanting both.
Hardly fair on all the others.

Grumpygit

Why is the new manager correct to cancel pre authorised holidays? The only thing at fault is the old system of verbal confirmations and noting it down on a calender.

Would you still think the same if she had cancelled your summer holidays that you had received verbal confirmation from your old manager quack?

Yes there should be some sort of system for holidays and someone shouldn't expect the same time off every year, but if no one else had any problems with the holidays then it's tough.

So has the new manager advised that she is taking Christmas off instead of you?

I would challenge it as that just isn't fair as you may had booked to go away and as it happens you have child care issues which you are going to have to sort out for next Christmas as it should be someone else's turn.

1DayAAT

Nope, not acceptable at all. Fight it. I'd be beyond annoyed - it would be all the same if you had booked a holiday to go away, as the poster before me said, and could risk losing a lot of money and messing up a lot of other plans. I'm afraid I am one of those awful types that books Christmas in January to ensure I can have it off as we do go away (ours is a first come, first serve system). Our place of work is dead as a doornail and !!!!!!ed if I'm going to come in and sit there doing nothing when it is the absolute peak of quality time with my family. They have plenty of access to agency cover and a lot of our staff are muslim so christmas a non-issue. Please fight this - it isn't fair at all and you have been more than reasonable in all of your actions thus far.

agrinnall

It may not be acceptable but it's perfectly within the law. Negotiation and compromise is the way forward.

bluenoseam

There's a difference between "fair" and "legal" though - one counts the other doesn't and I'm afraid it is legal. So long as they give I think it's double the notice of the length of holiday (so in this case 1 calendar month) it's legal & above board.

I'd be wary of rocking the boat, you have little to no protection against dismissal as you haven't been there two years - they can get rid of you for no reason whatsoever.

notanewuser

If you're on a true zero hours contract just make yourself unavailable for that period.

Mummy_Moo

Thank you everyone. I have drafted a letter to my manager politely requesting that she reconsider and outlining my reasons why. If this too is rejected I suppose I am in an awkward position and may need to consider looking at other jobs. I really hope it doesn't come to that but when there is no childcare I can't work.

Mummy_Moo

Grumpygit wrote: »

So has the new manager advised that she is taking Christmas off instead of you?

I would challenge it as that just isn't fair as you may had booked to go away and as it happens you have child care issues which you are going to have to sort out for next Christmas as it should be someone else's turn.

She hasn't specified. I tried to reach a compromise but she wasn't willing to state when / which days I would be required - she just wants me available over the whole period. She did say that she wants to be able to take time off too, which I understand, I really do, and I feel quite bad putting her in this position. But nursery is shut, my only other childcare option involves a 3 hour round trip for each shift - and frankly I've pulled in that many favours from this person so I can work that they're not prepared to do it anymore.

As far as next Christmas goes I am happy to work within whichever policy or procedure the company has in place - and if that means I am no longer able to do my job because of limitations that I was hired with - then I will hold my hands up and say so and go elsewhere. But for the time being I feel the original agreement should be honoured.

Better dust off the CV as a back-up plan.:(