Holiday request cancelled with less then 24 hours notice?

Joe-A

Hi all,

Just wanted to see if someone might be able to explain an employees rights when/if their holiday request which was already booked a 5 days in advance is to potentially be cancelled with less then 24 hours notice.

The request is for 1 day, and I've been informed that there MIGHT be an issue with my day off tomorrow so it's not even been confirmed yet, but should it be cancelled do I have any rights on this and state it has been given with less then 24 hours notice so can't be enforced?

BoJangles_2

How much less than 24 hours?

As I understand it, for one days holiday, only 24 hours notice would be required.

getmore4less

What's in the contract?

The default if nothing is in the Working time regulations 15.

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

2(a) 3c and 4(b) apply.

They need to give at least the same notice as the holiday so 1 day.
3c means before so the they are within the cutoff period.

How long have you worked there and do you really need the day off.

Only you will know what the potential repercussions of enforcing your rights.

paddedjohn

Too late for them to cancel it today, needs to be a t least a full days notice for a day off but as above, how much do you want to rock the boat?

PasturesNew

Tell them it's for an appointment "something embarrassing for women", they'll get flustered and let you have the time off.

Guest101

they will owe you any out of pocket expenses as the holiday was originally authorised

ohreally

What does the A/L policy provide for?

sangie595

Joe-A wrote: »

Hi all,

Just wanted to see if someone might be able to explain an employees rights when/if their holiday request which was already booked a 5 days in advance is to potentially be cancelled with less then 24 hours notice.

The request is for 1 day, and I've been informed that there MIGHT be an issue with my day off tomorrow so it's not even been confirmed yet, but should it be cancelled do I have any rights on this and state it has been given with less then 24 hours notice so can't be enforced?

Can you please clarify your statement that it has not yet been confirmed ? Because if the day of had not been agreed yet, it hasn't been cancelled because it was never approved! Just because you put in a leave request does not mean you have a day off. Getting it confirmed by the employer means you have a day off.

getmore4less

That is not how the law read's would require a contractual policy to put must be approved in place.

sangie595

getmore4less wrote: »

That is not how the law read's would require a contractual policy to put must be approved in place.

If I am understanding what you have said here, I disagree. There is no legal right to decide your own leave dates, and the employer always has the right to refuse it. The employer, if they have not agreed the leave, have the right to refuse it. Nowhere in law does it say that they must decide within a specific timescale. The right to cancel approved leave is a different matter

getmore4less

I disagree the law is very specific Unless the contract overrides..

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.

(6) This regulation does not apply to a worker to whom Schedule 2 applies (workers employed in agriculture) except where, in the case of a worker partly employed in agriculture, a relevant agreement so provides.