Work cancelling holliers

secret_squirrel

I have had a holiday booked and paid for, for months.

I got the sign off from my boss, through the official holiday sign off process beforehand.

Can they cancel my leave a week before the holiday? I cant see anything specific about it either in my contract or the employee handbook.

If so can I recover my costs from them?

SuperSean11

I dont think they can do that if your part of a union try asking them

Nody

secret_squirrel wrote:

I have had a holiday booked and paid for, for months.

I got the sign off from my boss, through the official holiday sign off process beforehand.

Can they cancel my leave a week before the holiday? I cant see anything specific about it either in my contract or the employee handbook.

If so can I recover my costs from them?

Can they? Very doubtful they can and if so I'd expect an full refund of all costs (a.k.a. rebook it and they get to pay the difference/full refund of everything booked if don't want to book it again) and a apology. When I've had to do something along those lines it was always with full refund of tickets etc. and only on a voluntary basis with a good explanation why it was needed.

From a legal point of view I tend to recall something along the lines of reasonable notice and taking into account your social wellfare etc. in the law.

pinkie1

that is so lousy- I authorise holidays at work but i would be murdered if i did that!
did they sign anything to say you could have the day off? Or did they confirm the holiday by email? if you have proof they approved it then you have a better case- maybe go to HR if your manager won't listen but i don't see how they think you would let them away with that-Ridiculous

Wishbone Ash

secret_squirrel wrote:

Can they cancel my leave a week before the holiday?

:eek: NO! An employer must give at least 4 weeks notice of cancellation of an employees leave (unless the employee consents otherwise).

secret_squirrel wrote:

I cant see anything specific about it either in my contract or the employee handbook.

Never mind your contract, it's a legal entitlement under The Organisation of Working Time Act 1997. http://www.irishstatutebook.ie/ZZA20Y1997.html

20.—(1) The times at which annual leave is granted to an employee shall be determined by his or her employer having regard to work requirements and subject—

( a ) to the employer taking into account—
(i) the need for the employee to reconcile work and any family responsibilities,
(ii) the opportunities for rest and recreation available to the employee,
( b ) to the employer having consulted the employee or the trade union (if any) of which he or she is a member, not later than 1 month before the day on which the annual leave or, as the case may be, the portion thereof concerned is due to commence, and
( c ) to the leave being granted within the leave year to which it relates or, with the consent of the employee, within the 6 months thereafter.
(2) The pay in respect of an employee's annual leave shall—

( a ) be paid to the employee in advance of his or her taking the leave,
( b ) be at the normal weekly rate or, as the case may be, at a rate which is proportionate to the normal weekly rate, and
( c ) in a case in which board or lodging or, as the case may be, both board and lodging constitute part of the employee's remuneration, include compensation, calculated at the prescribed rate, for any such board or lodging as will not be received by the employee whilst on annual leave.
(3) Nothing in this section shall prevent an employer and employee from entering into arrangements that are more favourable to the employee with regard to the times of, and the pay in respect of, his or her annual leave.

(4) In this section "normal weekly rate" means the normal weekly rate of the employee concerned's pay determined in accordance with regulations made by the Minister for the purposes of this section

Vikings

My previous employer tried to do the same thing to me - without even informing me.

I had 1.5 weeks holidays booked for a 2 week trip to the states for mid Oct to early Nov which was given the OK almost as soon as I entered the request into the holiday system.

Then when the new schedule came out for Oct I was scheduled around the holidays that I had asked for and the holiday system showed the requested holiday days as scheduled off days.

I rang one of the managers and had a chat, he tried to make excuses but I wasnt going to have any of it, there was no chance I was going to be working 10 out of 11 nights straight after I got back from my holiday!

Anyway he told me to go enjoy myself and we would sort it out when I got back, so when I got back I called in sick for the two days straight afterwards due to jetlag. Then I informed him that I wouldnt be in for a further 2 days that I was wrongly scheduled down for, in essence working only what I should have been had the holiday request stood as it was and he agreed to rearrange everything back to its original agreement i.e all correct holiday hours etc.. ended up working 6 of 11 which is what I would have been doing normally so all was back to normal they just went the roundabout way of doing it.

Obviously not the ideal way to do things but the way I was treated it was the only way to do things, needless to say I left that company a few weeks after I got back.

secret_squirrel

Wishbone Ash wrote:

:eek: NO! An employer must give at least 4 weeks notice of cancellation of an employees leave (unless the employee consents otherwise).

Never mind your contract, it's a legal entitlement under The Organisation of Working Time Act 1997. http://www.irishstatutebook.ie/ZZA20Y1997.html

20.—(1) The times at which annual leave is granted to an employee shall be determined by his or her employer having regard to work requirements and subject—

( a ) to the employer taking into account—
(i) the need for the employee to reconcile work and any family responsibilities,
(ii) the opportunities for rest and recreation available to the employee,
( b ) to the employer having consulted the employee or the trade union (if any) of which he or she is a member, not later than 1 month before the day on which the annual leave or, as the case may be, the portion thereof concerned is due to commence, and
( c ) to the leave being granted within the leave year to which it relates or, with the consent of the employee, within the 6 months thereafter.
(2) The pay in respect of an employee's annual leave shall—

( a ) be paid to the employee in advance of his or her taking the leave,
( b ) be at the normal weekly rate or, as the case may be, at a rate which is proportionate to the normal weekly rate, and
( c ) in a case in which board or lodging or, as the case may be, both board and lodging constitute part of the employee's remuneration, include compensation, calculated at the prescribed rate, for any such board or lodging as will not be received by the employee whilst on annual leave.
(3) Nothing in this section shall prevent an employer and employee from entering into arrangements that are more favourable to the employee with regard to the times of, and the pay in respect of, his or her annual leave.

(4) In this section "normal weekly rate" means the normal weekly rate of the employee concerned's pay determined in accordance with regulations made by the Minister for the purposes of this section

Excellent post - thanks wishbone!

Looks like I can breathe a sigh of relief.

It looks like they were chancing their arm anyway - since I gave a quite robust NO to them when they made their enquiries, they seem to have backed off.

Kinetic^

secret_squirrel wrote:

Excellent post - thanks wishbone!

Looks like I can breathe a sigh of relief.

It looks like they were chancing their arm anyway - since I gave a quite robust NO to them when they made their enquiries, they seem to have backed off.

Good stuff SS, enjoy the break