Cancelled annual leave

LeeHarry

nicechap said:

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.

They've actually advertised her job on social media this evening, she hasn't officially handed her notice in yet so gives you an idea of their lack of professionalism. You're right, they need her more than she needs them! She's going to bypass her manager and speak to HR on Monday. I'm sure they'll be intrigued to hear what's been going on, when lockdown began: 'you're working from home as of tomorrow, if you haven't got a laptop you'll need to buy one with your own money or you're not getting paid'. 

nicechap

LeeHarry said:

nicechap said:

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.

They've actually advertised her job on social media this evening, she hasn't officially handed her notice in yet so gives you an idea of their lack of professionalism. You're right, they need her more than she needs them! She's going to bypass her manager and speak to HR on Monday. I'm sure they'll be intrigued to hear what's been going on, when lockdown began: 'you're working from home as of tomorrow, if you haven't got a laptop you'll need to buy one with your own money or you're not getting paid'. 

I suspect that won't make a difference, HR work for the employer not the employee.

What is her actual notice period then?

unforeseen

LeeHarry said:

nicechap said:

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.

They've actually advertised her job on social media this evening, she hasn't officially handed her notice in yet so gives you an idea of their lack of professionalism. You're right, they need her more than she needs them! She's going to bypass her manager and speak to HR on Monday. I'm sure they'll be intrigued to hear what's been going on, when lockdown began: 'you're working from home as of tomorrow, if you haven't got a laptop you'll need to buy one with your own money or you're not getting paid'. 

Considering

Trouble is, she's currently doing the job of three people

It makes sense for them to advertise for another person anyway if only part time. It then means 2 people doing 3 jobs. When you do decide to hand your notice in then they have somebody at least partly trained. 
I see it as foresight by management. Employee in digital role but doing 3 different jobs is making noises about leaving so get somebody else in quick to shadow. If employee bottles it and doesn't hand notice in then they have 2 people now doing the 3 jobs as it appears that the company may be suffering a bit with only one doing it.  

TELLIT01

Undervalued said:

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.

As the holiday is in 2 one week chunks it would seem the employer could certainly cancel the 2nd, if not legally the first.

getmore4less

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.

That is incorrect.
Statutory notice is in the legislation.
https://www.legislation.gov.uk/uksi/1998/1833/regulation/15/made

(2)(b)not to take such leave,
.....
4)(b)in the case of a notice under paragraph (2)(b), as many days in advance of the earliest day so specified as the number of days or part-days to which the notice relates.
...
(5) Any right or obligation under paragraphs (1) to (4) may be varied or excluded by a relevant agreement.

Contract trumps statutory notice, a simple clause like "holidays must be approved" overrides statutory notice.
quite a few companies have termination clauses that say things like we may require you to work your notice or take holidays that can also override any notice periods.

getmore4less

LeeHarry said:

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? 

What does than mean?

An employer cannot refuse notice.

If you are going to leave you silently work to rule, only do the hours paid for and if work is unfinished tough if there is too much to do and you can't prioritise yourself you ask your  boss to prioritise what needs doing first or what you get others to do.
when new stuff gets added you push back and say already full what do I drop to get that done. 

You ignore the sloppy management tactics that everything is important.

oh_really

LeeHarry said:

She's going to bypass her manager and speak to HR on Monday. I'm sure they'll be intrigued to hear what's been going on

You think?

TBagpuss

Has she actually got a holiday away booked? If so, then it would not be unreasonable to tell her employers this and ask them what their proposals are for covering any costs of cancellation -- it's not a legal requirement but it is not unreasonable to expect them to to cover the cost if she has to cancel bookings etc.

If not, then she may d better to work the notice, take the extra money (as they will then have to pay her for the holiday she has built up but not taken) and enjoy a holiday later on the proceeds. 

Alternatively, if she doesn't have a firm start date for a new job she could offer to extend her notice period and work for a week after the holiday to help out,