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Revoking Holidays after handing in notice?

  • 19-07-2011 10:55am
    #1
    Fu Manchu
    Closed Accounts Posts: 12 ✭


    Can an employer revoke a pre-approved holiday period once an employee hands in their notice? I've booked the time off months ago through the propoer procedure and have a foreign holiday booked now. These 2 weeks holidays are effectively at the end of my 1 months notice period.

    Is there any scope for the employer to revoke or amend these in any way?


Comments

  • #2
    seamus
    Registered Users, Registered Users 2 Posts: 68,317 ✭✭✭✭seamus


    An employer can revoke a holiday period, but they must provide a minimum of one months notice of such changes and must also give due regard to the employee's circumstances.

    In this case, since the holiday had been previously approved and it is paid for by the employee, the employer has not given due regard to circumstances and would not be within their rights to revoke the holidays.

    You could contact NERA to see what they say. However, I imagine the reason your employer wants to cancel these holidays is to give time for switchover. It's a little cheeky of you to hand in a month's notice, knowing that half of it would be eaten up by holidays.

    Maybe arrange a compromise whereby you take six weeks' notice and return after your holiday to complete the handover?


  • #3
    stargazer 68
    Registered Users, Registered Users 2 Posts: 5,164 ✭✭✭stargazer 68


    Op have you accrued enough holiday to actually take it and then leave?


  • #4
    markpb
    Registered Users, Registered Users 2 Posts: 9,390 ✭✭✭markpb


    seamus wrote: »
    However, I imagine the reason your employer wants to cancel these holidays is to give time for switchover. It's a little cheeky of you to hand in a month's notice, knowing that half of it would be eaten up by holidays.

    This. I can't understand why some people think this would be acceptable. The four weeks is for handover and continuity, not just to make you wait.


  • #5
    inforfun
    Registered Users, Registered Users 2 Posts: 20,862 ✭✭✭✭inforfun


    That whole 1 months notice thing is nonsense anyway.
    How often have you see that a colleague handed it their notice and after their last day in work you had a new colleague ready to take over?

    To me that has never happened. It usually means several months understaffed before finally having the minimum headcount again.

    I think the OP's current employer is just pissed that the OP is leaving and is trying to do him or her one.


  • #6
    coola
    Closed Accounts Posts: 42 ✭coola


    inforfun wrote: »
    That whole 1 months notice thing is nonsense anyway.
    How often have you see that a colleague handed it their notice and after their last day in work you had a new colleague ready to take over?

    To me that has never happened. It usually means several months understaffed before finally having the minimum headcount again.

    I think the OP's current employer is just pissed that the OP is leaving and is trying to do him or her one.

    exactly.

    OP - have you read your contract ? does it specifically say 1 months notice ? if not then its two weeks up to 5 years of service


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  • #7
    Fu Manchu
    Closed Accounts Posts: 12 ✭Fu Manchu


    Yep it's definitely one months notice.

    It's not an intentionally cheeky step on my part but simply the way that things have worked out. My new employer is looking for me to start straight away so i have limited control over the situation.


  • #8
    coola
    Closed Accounts Posts: 42 ✭coola


    Fu Manchu wrote: »
    Yep it's definitely one months notice.

    It's not an intentionally cheeky step on my part but simply the way that things have worked out. My new employer is looking for me to start straight away so i have limited control over the situation.

    sounds like the employer is being a bit troublsome. try not to burn your bridges but go on your holiday , enjoy yourself and start your new job

    end of!


  • #9
    allibastor
    Closed Accounts Posts: 2,520 ✭✭✭allibastor


    hey OP,

    the only reason the firm can cancel your holiday is if there is a specific function they need you to complete before you leave. had the same problem myself when leaving a job and had holidays in the middle of it.

    if they have no specific function for you, ie, the training of your replacement, work which is to be finished by you etc before you leave then they have no legal right to block your holiday. your employment contract will state that you must still remain an employee of the company during your notice period, and last time i checked your a still an employee even on holidays.

    ask them to clarify what is it they want you for those two weeks. if it for normal functions of your job then that should have been covered by them with your initial holiday application and adequate cover already assigned. other that that they have no right to tell you to not take holidays.

    thanks,


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