Declined annual leave - is this legal?

specialboy

RichardD1970 wrote: »

I think it is on about refusing already authorised leave otherwise it makes no sense.

I could go into work tomorrow and request two weeks holiday starting from next week and they wouldn't be able to refuse it as they can't give two weeks notice. :huh:

To book holiday you have to give notice of at least twice the amount of days requested so in you instance you would have had to book four weeks before you wanted holidays. To refuse a request or cancel a request an employer must give notice of at least the anmount booked/requested so in the ops case the employer hasn't given correct notice to refuse the request, what the employee/OP does about it is another matter.

RichardD1970

helly84 wrote: »

Hi RichardD1970, sorry, I didn't post the whole YouGov section as I didn't think it was relevant, but this is it:

'The general notice period for taking leave is at least twice as long as the amount of leave a worker wants to take (eg 2 days’ notice for 1 day’s leave), unless the contract says something different.

An employer can refuse a leave request but they must give as much notice as the amount of leave requested, eg 2 weeks’ notice if the leave requested was 2 weeks.'

So you have to give 2x the amount of leave you want to take as notice and they then have to give 1x the amount of leave you want to take as notice if they refuse. I think this is right - that's the only way I can interpret it, anyway.

OK that makes more sense

getmore4less

This one area where statutory can be overridden by contractual terms so you need to check those as well.

specialboy

getmore4less wrote: »

This one area where statutory can be overridden by contractual terms so you need to check those as well.

Contractual terms can't lessen the rights of the employee

getmore4less

specialboy wrote: »

Contractual terms can't lessen the rights of the employee

This is one area that does not apply.

The relevent act allows it to be modified by contract.

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

Dates on which leave is taken

15. (1) A worker may take leave to which he is entitled under regulation 13(1) on such days as he may elect by giving notice to his employer in accordance with paragraph (3), subject to any requirement imposed on him by his employer under paragraph (2).
(2) A worker’s employer may require the worker—
(a)to take leave to which the worker is entitled under regulation 13(1); or .
(b)not to take such leave, .
on particular days, by giving notice to the worker in accordance with paragraph (3).
(3) A notice under paragraph (1) or (2)—
(a)may relate to all or part of the leave to which a worker is entitled in a leave year; .
(b)shall specify the days on which leave is or (as the case may be) is not to be taken and, where the leave on a particular day is to be in respect of only part of the day, its duration; and .
(c)shall be given to the employer or, as the case may be, the worker before the relevant date. .
(4) The relevant date, for the purposes of paragraph (3), is the date—
(a)in the case of a notice under paragraph (1) or (2)(a), twice as many days in advance of the earliest day specified in the notice as the number of days or part-days to which the notice relates, and .
(b)in the case of a notice under paragraph (2)(b), as many days in advance of the earliest day so specified as the number of days or part-days to which the notice relates. .
(5) Any right or obligation under paragraphs (1) to (4) may be varied or excluded by a relevant agreement