Help! Holiday falling apart

[sophiepop]

Originally Posted by blusteryday

I've worked in HR for over 20 years. Don't hate, it pays the bills

Yes, your employer can refuse your holiday request, for example during busy periods.

If you have already booked your time off, your employer must give as much notice for you to cancel it as the amount of leave you have requested.

For example, your employer must give 2 weeks’ notice to refuse your booked holiday if the leave you requested was for 2 weeks.

Although your employer can refuse to give you holiday leave at a certain time, they cannot refuse to let you take your minimum leave entitlement.

This means that if, by not granting your holiday leave, it would mean that you would not end up being able to take your minimum leave, then you may have grounds to appeal.

ACAS might be of some help but I'd suggest contacting Citizens Advice Service or if you have a union, one of their reps, pronto.

There is another higher risk option

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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Is this acceptable even after they have authorised the leave previously?

[AlexE]

If a manager is overseeing a team of 3 surely he/she has some idea of how to do the role and can cover critical roles?

[blusteryday]

Originally Posted by sophiepop

Is this acceptable even after they have authorised the leave previously?

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Given there is a valid business reason, an employer has every right. More info here: https://DIBB.in/13947612

ETA: Please can I ask people not to confuse me posting facts about employment rights, with any opinions on whether it is morally right or wrong. In my opinion, any manager who finds themselves in such a situation with their employees is either incredibly unlucky, a moron, or both.

[JanetteP]

Definitely get in touch with ACAS. Also, if you have legal cover on your house insurance, they do help with employment cases - there's usually a 24 hour legal helpline. A temp should be employed immediately, in my opinion, so that you can show them the ropes before you go on leave. I find it totally unacceptable that they should expect others to go on holiday without you, however legal it is. Hope you get it sorted.

[sophiepop]

Originally Posted by blusteryday

Given there is a valid business reason, an employer has every right. More info here: https://DIBB.in/13947612

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That’s really unfair isn’t it, I hope the OP gets it sorted out. If my company did this they could shove their job, but that’s not always an option.

I would want every penny back that I had spent.

[disney_chick13]

Originally Posted by blusteryday

Legally (if in UK) yes you can go on holiday if you're sick, particularly if the holiday is pre-booked.

There is always the assumption being off sick from work means you can't do anything else but the law is clear: working and popping to shops, going on holiday, etc. are not the same thing.

I'd check with the contract/terms of employment but in general there isn't anything an employer can do to you if you want to go on holiday.

If someone is off sick, they may even be permitted to 'reclaim' holiday leave BUT be careful as most firms require, when off sick, to remain contactable and/or available for review meetings...could make for awkwardness given a 5 hour time difference.

ETA: complications come in if you're signed off sick (say for a bad back), you go on holiday and videos on social media show you doing the Highland Fling (other dances are available). This could be grounds for gross misconduct.

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It sure is useful that my mum is a HR business partner and consultant for a university 😜

[sophiepop]

Originally Posted by blusteryday

Given there is a valid business reason, an employer has every right. More info here: https://DIBB.in/13947612

ETA: Please can I ask people not to confuse me posting facts about employment rights, with any opinions on whether it is morally right or wrong. In my opinion, any manager who finds themselves in such a situation with their employees is either incredibly unlucky, a moron, or both.

See more...

Totally understand, it’s great that someone on here knows the facts

[Jakey Neverland]

Just read your thread and it seems they are within their rights, but seriously who does that! I am honestly shocked that things like this can happen.

[400ixl]

Firstly, sorry to hear of your position, and that you have a douche bag as a manager.

Without giving too much away. Would a stand in need specific qualifications / certificates to be able to the role and keep the company on the right side of the law? And could they be trained for such a role and use of the company processes within such a time?

I can see the easiest legal option for your manager is to instruct you to cancel leave, however that would be an absolute last resort for any good manager. They should be discussing options with you to resolve the issue and allow you to go on you planned holiday. However some managers do take the easiest route for them, which appears to be your manager.

As others have said, just refusing the request to cancel leaves you in a precarious position, you aren't in a position to threaten to resign, and certainly don't want to accept their request. So, are there other options you can take to your manager? Do they have the skills / requirements to undertake the responsibilities with preparation, is there someone else within the organisation who could be trained to cover (sounds like the need this anyway), or is there an agency who could provide a temporary resource to be made familiar with company policies.

It sounds like you are going to have to do your managers job for them and make the constructive suggestions on alternative options.

If you are going to go in with a cancellation cost you need to make sure it is the minimum it can be. For example at 5 weeks out, typically you will get some refunds from things like rental cars (partial only but something). You will need to identify what the true non re-reimbursable cost of the holiday is.

Good luck with trying to reason and compromise with such a manager.

[Kat11]

Is there any chance that the staff member who is currently on the sick be back in the next 5 weeks before your holiday?

ETA: Sorry scrap that, just reread your first post and seen that your colleague is expected to be of sick for the next few months.

Kat