Employer cancelling annual leave

Brownie1987

I booked off Christmas eve, having checked the rota to ensure there was enough cover. My employer then approved leave as per the usual process. A couple of weeks later, I was told that they had made a mistake as other members of staff had booked leave. The rota hadn't been updated. The management argue that I should have checked the leave requests system - but the leave co-ordinator didn't know that was possible either and so approved things.

Now, work have been piling pressure on to cancel the leave. After piling on a lot of pressure, they have now said that I can take the leave unpaid or have the annual leave cancelled (i.e. either way the leave is cancelled). My understanding is that they can only cancel the leave if it is needed for the running of the business - they say that the money they save will help them to cover a temp.

Any ideas on the legal position on this? Effectively, in order to have my day off, they've docked a day of y pay for a mistake which was effectively on their part.

[Deleted User]

Employers can dictate when you take your leave.

Brownie1987

They haven't stopped the leave, though - just exchanged annual leave for unpaid leave - this seems inappropriate?

marliepanda

Brownie1987 wrote: »

They haven't stopped the leave, though - just exchanged annual leave for unpaid leave - this seems inappropriate?

Because I'm guessing you've refused to cancel it? You mention piling on the pressure twice. They dont have to pile on pressure, they can just say no.

So either you cancel the leave, or you take it unpaid. Ball is in your court.

sangie595

They can cancel your leave, full stop.

So you can work. Or you can not be paid. Up to you, I'm afraid.

Undervalued

Brownie1987 wrote: »

They haven't stopped the leave, though - just exchanged annual leave for unpaid leave - this seems inappropriate?

You must be allowed to take your 28 days (if full time) of statutory annual leave at some point but the employer can almost totally dictate when. They can also cancel leave that has been booked by giving fairly minimal notice.

Saying you can't take part of your paid leave on a certain date but can, if you wish, take unpaid leave is unusual but not unlawful - providing you are allowed to take your paid leave at some point.

ReadingTim

It's annoying, but you haven't had your pay docked, as your paid leave balance/entitlement won't be affected. They also haven't cancelled it - you can still have the day off, just you won't be paid for it.

So, your choice. What do you want: the day off, or the money?

You can't have both, and it's entirely legal.

Gavin83

Brownie1987 wrote: »

They haven't stopped the leave, though - just exchanged annual leave for unpaid leave - this seems inappropriate?

Not really, they're actually giving you more options and are being more generous than many employers would be. They're still giving you the option of taking the day off, just unpaid. Or you can go in as normal. The choice is yours but they're entitled to cancel the day if they wish.

TBagpuss

They are entitled to cancel the leave, even if you don't agree. They have to give you (I think) notice of at least the amount you want off, so if you have booked 2 days off, they have to give at least 2 days notice to cancel.

I think the 'business needs' issue is that IF they cancel your leave and can't show that there was a good business reason, they could potentially be liable for any financial loss you suffered (e.g. if you had to cancel a pre-booked holiday or flight)

However, I don't think that that helps you as 'we have to have sufficient staff to cover the office / workplace' would be a legitimate need, and as they are are saying that too many people have booked time off and they would have to get a temp in if you are off, that seems to be the issue.

It sucks, but it's not unlawful, and if the other people had booked the time before you did, then it is not unfair that you, as the last one to book, are the one who gets their leave cancelled.

lisyloo

Are you able to negotiate working from home?

ReadingTim

lisyloo wrote: »

Are you able to negotiate working from home?

That's about as transparent/blatant as pulling a sickie....