Help! Holiday falling apart

[Rabel]

The wonderful world of google does seem to suggest that they can cancel holiday but must compensate you. I think that you may need to force the point in this situation that they need to compensate you for the full cost (the wording I have read doesn't suggest that it should be just your costs).

Also double check when your leave year finishes - they are on sticky ground if cancelling your holiday means that you are unable to use your leave entitlement for this year.

[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.

[Gally1968]

Whilst not really what you want to hear I'm pretty sure your employer are within their rights to cancel your annual leave.

This fact in itself wouldn't stop me contacting either your Union or ACAS for more concise advise but I believe the fact that some form of compensation has been offered along with them being within their rights does somewhat tie your hands.

You could go down the constructive dismissal route but not sure you have much of a case, again Union/ACAS would give clearer guidance on this.

Good luck in resolving.

[Guest]

Originally Posted by Stitch & Smudge

How important is the job to you? Either hand your notice in or threaten it and see how it goes.

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Agreed- that is exactly what I would do if the leave was approved a long time ago !

[Thorpy]

Originally Posted by Stitch & Smudge

How important is the job to you? Either hand your notice in or threaten it and see how it goes.

See more...

I wouldn't say that...I'd go with I will be taking my holiday as planned... your move.
If they sack you they are
A) going to get clobbered in court.
B) In deeper poo !


EDIT: Seems A is not necessarily correct.

[blusteryday]

Originally Posted by Thorpy

I wouldn't say that...I'd go with I will be taking my holiday as planned... your move.
If they sack you they are
A) going to get clobbered in court.
B) In deeper poo !


EDIT: Seems A is not necessarily correct.

See more...

Correct. The employer could dismiss on grounds of misconduct if an employee continued to take holiday after it had been cancelled with due notice.

In this instance it would be odd as the employer would be dismissing their only active employee and leaving themselves in deeper long-term doo-doo (HR technical term) with no staff at all.

[*cath*]

If they decline your leave tell them you need 100% compensation for everything or you are going. Totally not fair that you should lose out through no fault of your own

[blusteryday]

Originally Posted by *cath*

If they decline your leave tell them you need 100% compensation for everything or you are going. Totally not fair that you should lose out through no fault of your own

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It may not be fair, but the employer is entirely within their rights to do this.

I'm not trying to justify the employer's actions, btw. It seems the employer has panicked and this is what they think is their only option.

I wonder if a temp could be employed to keep a few things ticking along as holiday cover (they must have the money if they're prepared to compensate for flights)

[*cath*]

Fair enough declining it but surely they can't just say oh and we'll only give you X amount of money even though you're losing thousands?
If it's that important you would reimburse totally wouldn't you?

[Shani]

It seems the legal position is:

If your employer cancels a period of leave without a clear business reason (and without compensation) which results in you not being able to go on a booked holiday and suffering financial loss, you may have a case for constructive dismissal. You would need to argue that the cancellation is a breach of the implied duty of mutual trust and confidence with your employer.

I guess the situation here is that if your employer insists you cannot have your leave, your only option is to take your leave, risk being dismissed, and then put in a claim for constructive dismissal.

I'm actually surprised there isn't a black and white description of "compensation" in this instance. It leaves a lot open to interpretation and leaves employees throughout the country in a precarious position when booking any holiday more than a few days beforehand!