Holiday booked during notice period

MrMRJ

Hi,

So I will be handing in my notice at the end of the month.

Back in January I used the company holiday buy back scheme to purchase an additional 10 Days, which is paid back monthly.

I used these 10 days to book a family holiday which now will be during my notice period. 

I have also used my accrued holiday allowance up to my leaving date.

Now I understand the company will take the remaining I owe for these 10 days from my last pay and that is fine.

What I want to know is where I stand if they try to cancel my approved holiday during my notice period. When I hand my notice in I will be on my annual leave 2 working days later.

Can they stop me taking this?

Thanks in Advance

Undervalued

MrMRJ said:

Hi,

So I will be handing in my notice at the end of the month.

Back in January I used the company holiday buy back scheme to purchase an additional 10 Days, which is paid back monthly.

I used these 10 days to book a family holiday which now will be during my notice period. 

I have also used my accrued holiday allowance up to my leaving date.

Now I understand the company will take the remaining I owe for these 10 days from my last pay and that is fine.

What I want to know is where I stand if they try to cancel my approved holiday during my notice period. When I hand my notice in I will be on my annual leave 2 working days later.

Can they stop me taking this?

Thanks in Advance

Generally an employer can cancel holiday by giving you as much notice as the length of holiday they are cancelling.

Here is a helpful article on a solicitor's website

https://landaulaw.co.uk/holidays/

Theoretically, if you have followed the employer's holiday booking procedures and the employer has agreed to your request, then you might (under some circumstances) have a claim against them for any losses you incur as a result of the cancellation. 

Generally though it is your risk if you incur non refundable deposits if you have to cancel your hotels, flights etc.

If you simply "walk out" during your notice period and go on holiday anyway, again theoretically, your employer could sue you for any unavoidable losses this causes the firm. 

ReadingTim

Suspect your employer's reaction will be dictated by the length of the holiday you've booked vs the length of your notice period: a fortnight's holiday in a 3 month notice period ought to be fine in terms of handover, but if you're trying to be clever and have booked so much holiday so that in effect you're on leave from the day you hand in your notice to the day you leave, then they're not going to see the funny side of that, and will probably cancel it.  

So, how much time have you booked off, how long is your notice period, and how do you plan to complete a handover in the shortened period of time you'll be in the office?  

TELLIT01

The OP says their leave will start 2 days after they hand their notice in.  As they have booked 10 days holiday, presumably that actually means 2 weeks, the employer would have give 2 weeks notice in order to cancel  They don't have time to do that.  There wouldn't seem to be any legitimate way of cancelling the holiday.

k12479

What does your contract or company policy say? Some say unused leave must be taken during your notice period, some say it may be and some say the employer reserves the right to require you or prevent you depending on business need.

MrMRJ

ReadingTim said:

Suspect your employer's reaction will be dictated by the length of the holiday you've booked vs the length of your notice period: a fortnight's holiday in a 3 month notice period ought to be fine in terms of handover, but if you're trying to be clever and have booked so much holiday so that in effect you're on leave from the day you hand in your notice to the day you leave, then they're not going to see the funny side of that, and will probably cancel it.  

So, how much time have you booked off, how long is your notice period, and how do you plan to complete a handover in the shortened period of time you'll be in the office?  

My notice period is 4 weeks. Yes I will be on holiday for much of my notice period.

Handover won't be overly difficult as the team I work with are all aware of each other work due to the systems in place.

MrMRJ

k12479 said:

What does your contract or company policy say? Some say unused leave must be taken during your notice period, some say it may be and some say the employer reserves the right to require you or prevent you depending on business need.

It says about reducing salary for holiday owed which is fine. 

My main concern is if she is able to cancel the holiday which appears unlikely as someone said above my notice goes in 2 days before my holiday.

General_Grant

TELLIT01 said:

The OP says their leave will start 2 days after they hand their notice in.  As they have booked 10 days holiday, presumably that actually means 2 weeks, the employer would have give 2 weeks notice in order to cancel  They don't have time to do that.  There wouldn't seem to be any legitimate way of cancelling the holiday.

But the employer could try cancelling a couple of days at a time rather than the whole two weeks at once.