Cancelled annual leave

LeeHarry

Good evening, hoping for a bit of advice. My partner has been into her employer today and attempted to hand in her notice, which is 4 weeks. However, she has 2 of these weeks booked off as annual leave. Her employer is insisting that she works the full 4 weeks notice and has cancelled her holidays. Can they do this? 

lincroft1710

Yes, but they will have to pay her for any untaken holiday. 

TELLIT01

I though an employer had to give notice equivalent to twice the holiday period in order to cancel leave.  If that is the case the employer would have needed to give 4 weeks notice to cancel.

LeeHarry

TELLIT01 said:

I though an employer had to give notice equivalent to twice the holiday period in order to cancel leave.  If that is the case the employer would have needed to give 4 weeks notice to cancel.

I understand what you're saying but in theory she's in a week, off one, in again and then off so not sure that'd work. What's the worst that could happen if she just doesn't go back? It's making her ill. 

lincroft1710

Does your sister have more or less than 2 weeks leave owing to her?

LeeHarry

lincroft1710 said:

Does your sister have more or less than 2 weeks leave owing to her?

It's approximately two weeks owed at present.

Undervalued

TELLIT01 said:

I though an employer had to give notice equivalent to twice the holiday period in order to cancel leave.  If that is the case the employer would have needed to give 4 weeks notice to cancel.

Nothing to stop the employer, if they want to be difficult, giving the required notice to cancel various short bits of her holiday. If she was going away.......

Be careful what you wish for in arguing this one.

lincroft1710

The worst that could happen is that her employer sues her for the cost of getting someone in to do her job. 

Cancelling her holiday will cost her employer more than by letting her take it.

LeeHarry

lincroft1710 said:

The worst that could happen is that her employer sues her for the cost of getting someone in to do her job. 

Cancelling her holiday will cost her employer more than by letting her take it.

Trouble is, she's currently doing the job of three people on part time hours and it's leaving them in a massive hole. They will need her in the office to literally train people up, the only reason they're being difficult and I don't think cost comes into it. 

nicechap

LeeHarry said:

lincroft1710 said:

The worst that could happen is that her employer sues her for the cost of getting someone in to do her job. 

Cancelling her holiday will cost her employer more than by letting her take it.

Trouble is, she's currently doing the job of three people on part time hours and it's leaving them in a massive hole. They will need her in the office to literally train people up, the only reason they're being difficult and I don't think cost comes into it. 

Leaving them in a massive hole is their problem. They shouldn't have exploited her and whilst they seem to be within their rights to cancel the leave, what is their recourse if she just takes it? She sounds like she is in a stronger position that she realises, so restate that she is leaving in 4 weeks and taking her 2 weeks off, but, (for a big uplift in pay) to help them out will work full time in last week to help train the new bod.

McKneff

Just tell her to go off sick....
Bad back s are notoriously difficult to diagnos