Annual leave approved before notice period - can my employer revoke it?

weespoon1

Thanks for all your advice
Will be speaking with the MD on Monday because they're now arguing that my last day is a week later than what has been calculated and he's asked for a face to face catch up. I'm going to ask my direct line manager to come into that meeting just to make sure there's something else there just in case it goes south.
My new employer is already aware of them potentially being difficult and isn't phased by it and doesn't need a reference from them (in fact their actual words were 'I'm not interested in reading a bad reference that's clearing only been given because they're not happy that an employee doesn't want to work for them anymore').
My plan is to let them know using the successful handover phrase that I will be on holiday over my honeymoon (obviously) and I will be handing over before I go, and happy to handover again to new people if they arrive before I'm back in the office in the week that I will be in the office before I leave for good.
I can't see any employment tribunal agreeing that a relatively junior member of staff being on an approved holiday for two weeks has caused any loss of earnings so can't see how they'd be able to go any further than just threats.

getmore4less

Employment is a small world and reputations are usually well known and your new employer seems have the measure of the old one.

Easy for me to say, but you have to remember that you are leaving and any posturing and manipulation by the old employer does not effect your future so can listen to any ranting etc and be totally objective about things without the fear of losing your job.

There are some things you need to keep professional like client interactions but can be more hard nosed on the internal stuff as the leave dates get closer.

Remember notice starts the day after you give it and is for the contractual period so check that carefully.

weespoon1

What I was worried about was current employer bad-mouthing me to new employer, however you're right, new employer seems to have the measure of the situation.

I handed in notice on a Thursday specifically so it would kick in on a Friday and would mean my last day was also a Friday according to the notice period in my contact. They're trying to claim it's actually the following Sunday (how I have no idea because I don't work weekends...). Either way I'm leaving on my original calculated end date.

Absolutely remaining professional with clients - at the end of the day it's not their fault that the business is a mess and I actually really like and get on well with my clients so I would want to make the transition as smooth as possible for them.

I'm going to see how the meeting goes on Monday and I suppose decide at the time how hard I want to come down on them if they start threatening legal action - I feel a lot better about doing that if I have to after hearing from new employer and the advice on here

getmore4less

If that notice was say Thurs 9th March, last day if 3 months notice would be Friday 9th June.

Max statutory notice would be 12 weeks with 12 years service, last day 1st June.

paddedjohn

getmore4less wrote: »

Holidays still need approval when sick.

Never said they didn't.
What I'm implying is that if the op was on the sick then they will still have their accrued holidays to take at another time or in their case they can be paid for them in their final salary.

jobbingmusician

weespoon1 wrote: »

I'd love it if I could get away with not reminding anyone - however we have to do handovers with any projects etc going on over the period we're away so another member of staff is available for the clients I would normally deal with. At the moment I'm still waiting on them to confirm that the holiday entitlement they've told me I have has taken my approved 2 week holiday into account and my plan is to see if they have an issue with honouring that holiday and if they do let them know that I will still be going because of how far in advance it was booked etc etc and see if I can shorten my notice period. It is really miserable and my new employer is aware of the how bad the situation has been at my current work. Other employees would be able to give me references rather than the head of the team should it come to that.

I think you can do something like this, though.

Obviously you can't unpick anything you have already done. Apart from that, don't mention your holiday until four weeks before your holiday period starts. If they *were* to try to cancel your holiday, that is latest date they can give you notice for a two week holiday. And really, four weeks is loads of time to brief someone to take over your clients.

getmore4less

jobbingmusician wrote: »

I think you can do something like this, though.

Obviously you can't unpick anything you have already done. Apart from that, don't mention your holiday until four weeks before your holiday period starts. If they *were* to try to cancel your holiday, that is latest date they can give you notice for a two week holiday. And really, four weeks is loads of time to brief someone to take over your clients.

For 2 weeks holiday, statutory notice to not take the holiday is 2 weeks.

The contract can override that so could be less.

getmore4less

paddedjohn wrote: »

Never said they didn't.
What I'm implying is that if the op was on the sick then they will still have their accrued holidays to take at another time or in their case they can be paid for them in their final salary.

but the real point, you still need request/approval(if required by contract) to GO on holiday while sick.

Although in this case the employer has no real scope to sanction the employee as they are leaving but those reading need to be aware that their contractual obligation around holidays still apply when sick.