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Employer cancels pre-booked annual leave. Can they do this?
Q. Hope you are well just need a bit of advice . I booked my annual leave several months ago. my company are saying they might have to cancel my leave because they can not get it covered. I have made plans Can they do this? Many thanks
A. It's a common concern when plans and work commitments intersect. The Working Time Regulations 1998 govern annual leave. Employers do have the right to manage when employees take their annual leave. This can include refusing a leave request or cancelling pre-approved leave. However, this isn't something they can do lightly or without consideration.
If an employer needs to cancel your already approved leave, they are generally required to give you notice that is at least as long as the planned leave itself. For example, if you have booked a two-week holiday, they should give you at least two weeks' notice that your leave is being cancelled.
The reasons for cancellation should be legitimate and related to business needs. Common reasons include unexpected peaks in workload, staff shortages, or other unforeseen circumstances that could significantly impact the business.
However, it's important for employers to consider the impact of cancelling leave on their employees. They should be aware that you may have made plans or incurred expenses, and ideally, they should try to find a compromise or provide an alternative solution.
It's advisable to speak to your employer directly. Express your concerns about the plans you have made and any costs you might incur if the leave is cancelled. It may be possible to reach a mutual agreement or compromise. In some cases, if cancelling your leave causes you to incur significant expenses, you may be able to negotiate compensation for these costs, although there is no legal obligation for the employer to provide this.
Remember, while employers do have the right to manage leave, they should also be reasonable and considerate in how they exercise this right. If you believe your employer is being unreasonable, you might want to seek further advice, possibly from a trade union representative if you're a member, or from an organisation specialising in employment rights.
I hope this provides some clarity and helps you navigate this situation. Best of luck!
Can you give me advice in respect of my remedy hearing? I’ve just won a tribunal.
Q. I have just received judgment in my favour for unfair ( constructive) dismissal. Next step will be a remedy hearing. Will this hearing focus entirely on the figures I sent in during the ‘orders’ before my trial? Or am I likely to get new orders before the remedy hearing? My original claim was for a basic award as in redundancy and 6 months difference (drop) in wages in my new employment. Any advice appreciated
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