How much notice must be given by an employer to cancel my holiday?

gwapenut

I am aware that the statutory advice is that at least as much notice must be given as the length of the holiday.

But it is unclear to me how, legally this relates to calendar days, working days, etc.

For example - if I book Monday to Friday off, 5 working days, which could potentially give me a 9 calendar day holiday including the weekends either side.

How much notice does my employer have to give, and is that notice in calendar days or working days?

Comms69

5 days.


I believe it is calendar days.


If you have expenses you are able to claim these back from your employer. e.g. you have booked flights, hotels etc.

gwapenut

Comms69 wrote: »

5 days.


I believe it is calendar days.

This was my understanding too - that despite my time-off being in working days, the employer can give it in calendar days.

Which means for a 1 week holiday departing on Saturday, but in terms of work leave the first day off being on the Monday, then the employer only needs to let me know by the Wednesday before the Saturday departure?

Comms69

gwapenut wrote: »

This was my understanding too - that despite my time-off being in working days, the employer can give it in calendar days.

Which means for a 1 week holiday departing on Saturday, but in terms of work leave the first day off being on the Monday, then the employer only needs to let me know by the Wednesday before the Saturday departure?

I believe so yes.


out of curiosity have they given a reason?

gwapenut

Comms69 wrote: »

I believe so yes.

out of curiosity have they given a reason?

It's not happened yet, although it's come close a couple of times when working for a demanding client.

Nowadays I don't remind people that I'm on holiday until I know that I'm safe from cancellation, and I've always erred on the side of caution with the guidelines we've just discussed.

I'd prefer to give an earlier reminder, but when the cancellation period is so biased towards the employer - as little as 3 working days in this case for a 9 calendar day / 5 working day holiday - I figure I need to play it safe!

I feel this is an important distinction many people are not aware of. The intuitive-but-incorrect notice period, IMO, would be that the employer would need to cancel 1 working week before a 1 working week holiday.

sangie595

Comms69 wrote: »

5 days.


I believe it is calendar days.


If you have expenses you are able to claim these back from your employer. e.g. you have booked flights, hotels etc.

It's not actually that simple. There is no legal authority that says that the employer must compensate for expenses. It is advisable for them to do so, but if they refused an employee would only have the option of either suing for the expenses incurred, or resigning and claiming constructive dismissal (and I wouldn't recommend that because winning is really not good odds).

gwapenut

Thanks Sangie, I agree that repayment of expenses incurred is not mandatory. I've always found that shocking!

Another aspect to this question - when does the notice start?

If it's alluded to verbally, does that count, or does it need to be a formal written request which means "I'll think about it and ask the wife" and then asking them to formalise the request may buy a day or two?

getmore4less

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

for employers 15.5 trumps the previous sections on notice.

What does it say in the contract?

gwapenut

getmore4less wrote: »

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

for employers 15.5 trumps the previous sections on notice.

What does it say in the contract?

Thanks, I'll dig out the contract.

Seems to me the safest thing if booking holiday at a risky time is to book the preceding Friday off too, assuming that a Saturday can't be booked as holiday in a Mon-Fri job.

Comms69

sangie595 wrote: »

It's not actually that simple. There is no legal authority that says that the employer must compensate for expenses. It is advisable for them to do so, but if they refused an employee would only have the option of either suing for the expenses incurred, or resigning and claiming constructive dismissal (and I wouldn't recommend that because winning is really not good odds).

Well yes that's true. But that's no different to anything else when someone doesn't pay for something they ought. e.g. rent

gwapenut

Comms69 wrote: »

Well yes that's true. But that's no different to anything else when someone doesn't pay for something they ought. e.g. rent

Actually, it is different. The employer is only morally, not legally, obliged to pay.