Holiday request cancelled with less then 24 hours notice?

marcarm

sangie595 wrote: »

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.

That reads to me that the issue has not been confirmed, not that the day off itself has not been confirmed, so it's not definite that the day off will need to be cancelled.

Savvy_Sue

getmore4less wrote: »

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).

The way I read this, the employee must given notice of a wish to take leave on a given day, BUT the employer may have requirements which must be met.

For example, I should 'normally' give at least five days' notice before booking leave. That's not to say I can't give less, but my employer could turn me down.

Also, my leave is not 'booked' until my manager has signed a form confirming that it is booked.

getmore4less wrote: »

(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).

Again, the way I read this, there are set notice periods for either not saying yes to a request for leave, or withdrawing permission to take leave that's already been granted.

But it's not clear whether the leave's been agreed or not. And it's not clear whether the OP followed the employer's requirements.

sangie595

Savvy_Sue wrote: »

But it's not clear whether the leave's been agreed or not. .

I agree. And that is the point. Employees do not simply say that they will be taking leave and that is the end of the matter. It wouldn't be the first time that I have come across the even worse scenario of "I booked my holiday in Mexico and the employer won't let me go".

And what may be "reasonable" depends on a lot of things too - like whether someone has employment protection, whether they followed a set process and so on. I recall an occasion upon which an employee interpreted "must be approved by your manager" as "form left on your managers desk" - the form promptly went missing and the holiday was never approved. But the worker assumed it had been.

FBaby

I read the OP that the request was made but not approved, otherwise I would have thought the OP would have chosen another word than 'request'.

getmore4less

Savvy_Sue wrote: »

The way I read this, the employee must given notice of a wish to take leave on a given day, BUT the employer may have requirements which must be met.

For

Contracts can override the defaults already pointed that out.

If there is a policy in place most usually say holidays need to be approved then that overrides the default as written in the law.

The law says the employer must require the employee not to take the requested holiday(if given with the correct notice 2*) with the correct notice 1*.

As written there is no requirement to have holiday approved(15.1) as long as the correct notice is given and the employer does not subsequently require the employee not to take the leave under(15.2)