Help! Holiday falling apart

[Stitchfan626]

I'm an HR Manager and although they may legally be able to do this I think it is an absolutely shocking and short-sighted way to treat staff.

Depending on - how long you have been there, your financial position, other jobs in the area etc, I'd call their bluff.

i.e. I'd be saying. My holiday has cost me X, the additional stress and the cost of re-booking is going to be Y. I therefore expect to be compensated Z otherwise I will either be going regardless or resigning with immediate effect and putting in a claim for constructive dismissal. I'd also be trying to come up with suggestions of what they could do to solve their problem - i.e. agency cover/ short term contracts etc. And offering to do extra hours to get people trained etc.

[Do5-BaG]

Reading others advice, it'd appear you may be a bit stuck on this one, but some good advice to follow for certain!

[blusteryday]

Originally Posted by DesperateMickey

Thank you for your help. No union. They said they only need to compensate my flight as legally there is nothing stopping the rest of the family going. Job wise it's difficult as I need the job and money and can't risk losing it. Not much else around these parts that suit me. As soon as the guy who is leaving resigned they hired a replacement but doesnt start soon enough and only certain people can do this. Yes its difficult as i am now pressured not to be sick either. Annual leave starts in April so can't argue there either.
Never realised until now that legally company's can do this and some insurers don't cover so please every check your cover.
If I argue then they could let me go even though not likely at the moment but they could extend disciplinary proceedings until after the new guy starts. Then I could take legal action but who can guess how that will go and then I have no job. The company itself no that people here won't leave unless they are moving away or retiring.

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Please have a look at my post #29 for some ideas on how to find a middle ground. In my opinion you're holding more cards in your hand than you realise.

[sotagals]

My uncle was retired but was contacted by a former colleague who found himself in your situation.

He went back to work for 3 weeks before the guy's leave was to start so he could gain a new certification and get back up to speed, covered the leave period and promptly retired again.

I really hope you can get a resolution on this that will allow you to take your holiday.

[ERICSMUM]

Your boss has 5 weeks to get someone trained on your job. If that person can’t do it all then your boss should prioritise the ‘critical tasks’ and focus on them.

To expect you to lose £thousands is ridiculous and surely nobody should expected to just accept it in order to help the company ? The law says compensation should paid but doesn’t stipulate how much. It’s common sense that the employee mustn’t be out of pocket - any shortfall you can’t get back from your flights etc should be covered.

The company can probably afford it more than you can.

Have you referred further up the management line ?

Good luck & keep us posted.

[barryp1]

Originally Posted by DesperateMickey

We have spent thousands, of which almost all is none refundable and our travel insurance have said the reason isn't valid for a claim.
I can't go into to much detail as I would break social media company rules and have created this account to get help but stay annom.
I work in a team of 3 for a large company and 1 of us always needs to be onsite during working shifts. If for any reason one of us wasn't onsite then the company would not be able to run legally.
Very lost as what to do.

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So if you have an accident when you are the only one available the company ceases operating?

please explain what sort of company is this.

[blusteryday]

Originally Posted by Do5-BaG

Legal Advice & HR... when you say you'd already had you Holiday leaved agreed & confirmed, was this verbally or via a written letter / holiday form?

If it was written / form and signed and accepted by all parties then I don't see how your Boss / Employer has a leg to stand on, the situations you've listed regarding a resignation and long-term absence due to illness is totally out of you control, so why should you be affected and in a way punished?

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They do have a leg to stand on. The leg is called the Working Time Directive.

Under reg.15 of the Working Time Regulations 1998 (SI 1998/1833), an employer can require an employee not to take annual leave on particular days by giving the employee notice of at least the same length as the period of leave to be cancelled.

[Tsoski]

Originally Posted by barryp1

So if you have an accident when you are the only one available the company ceases operating?

please explain what sort of company is this.

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A building site, or offshore work, a smaller hospital or care home. They're are a number of companies this could easily be the case due to required certificates or qualifications.

But that said they must have contingency plans in place for the eventuality of 3 members of staff being sick at one no matter how unlikely, given its business critical

[catherinesian]

Originally Posted by blusteryday

The way you paint it, you appear to hold all the cards: you're the only employee left. Your employer needs you more than you need them perhaps?

So to gently suggest that by being pressured to cancel your holiday does not make you feel valued, it may open up a different conversation.

If it doesn't, and if I were in your shoes, I'd seriously be considering if that's the kind of employer you'd want to be working for and make it clear to your employer that's what you're considering.

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Exactly this. If my manager did this I would be handing my notice in, or at least threatening to if she didn't reverse her decision. Even if she did reverse the decision I would be considering if that was the sort of person / company I wanted to work for long term. However I appreciate that I could easily find another job in my field, which isn't the case for everyone due to where they live, what industry, job etc.

If I was offered compensation I would be wanting much more than my outlay on the holiday to cover emotional upset at having to cancel a holiday you had been looking forward to for a year. To suggest that your family can go on their own is quite frankly ludicrous.

We had sort of similar, in that the temp that covered my colleagues maternity leave was rubbish and we sacked him (legally ) and my manager had to step in to do several critical tasks (that I was meant to be training him to do) to enable me to go on a pre-booked holiday. Give and take, and all that.

Best of luck OP, I really hope you get this sorted in your favour.

[Bridget]

What an awful way to be treated. Surely you both can sort this out so that you can take your holiday and they are not short staffed. Has you manager ever heard of temping agencies - exactly what they're for in this sort of situation. And it's not like you're going tomorrow - he has 5 weeks to sort it out!