Forced to work annual leave

Siipina

Hi all,

sorry I need your help.
My partner got a new Job on the other side of the country. He quit his current Job with a notice period of 4 weeks which is what is stated in his contract.
First problem was that HR didnt want to accept the 4 weeks as they said it is 1 month. So he checked his contract, he was right. That was sorted.
Now his boss is not very happy of him leaving and they want him to work until the last day. Now he has 9 days annual leave left, out of 25 days.
First He wanted to take them but as the boss was begging he said ok he can work until the 23rd but they need to cover his expences as we already moved then. Thez didnt like that either so they told him today that they can force him to work the time and pay him the annual leave. Can they do this
We can not afford him staying in a hotel and me on the other side of the country with our 8 month baby on my own. I think its a bit unfair, he was always doing overtime, was always doing his Job 120 procent.
I checked online but I could only find out that if you leave its the only time they can pay the annual leave out. I could not find anything about forcing to work your annual leave.
Thank a lot

whippet

what does his contract state about annual leave, normally contracts will state that annual leave must be requested at least one month before it is due to be taken and is at the discretion of the management.

From the employers point of view it looks like only 2 weeks effective notice have been given as when you take the 9 days annual leave from the 4 weeks notice it leaves the employer in the lurch. Was your partner going to take the leave prior to receiving the new job or was the plan always to take the leave as part of the notice? if that is the case I'm not surprised by the employer's reaction.

Siipina

It was never a problem to take holidays on short notice and it was clear that he will be on holidays from the 23rd until the new year.
All the managemnent does it the same way. They even tell the staff a day before they are off for two weeks.

Siipina

whippet wrote: »

what does his contract state about annual leave, normally contracts will state that annual leave must be requested at least one month before it is due to be taken and is at the discretion of the management.

From the employers point of view it looks like only 2 weeks effective notice have been given as when you take the 9 days annual leave from the 4 weeks notice it leaves the employer in the lurch. Was your partner going to take the leave prior to receiving the new job or was the plan always to take the leave as part of the notice? if that is the case I'm not surprised by the employer's reaction.

Just had a look at the contract and there is nothing about a holiday request period.

plodder

From the company's point of view, they are entitled to their 4 weeks notice, I would think. Imagine if he hadn't taken any holidays and expected to hand in his notice and leave all on the same day. That wouldn't be reasonable. So, where do you draw the line? It's not their problem either that he's moving off so quickly. Having said that, they obviously value (or maybe past tense, under-valued) his skills and it's a bit strange to be putting the foot down so severely. But, not a legal opinion, but just I think he may have to suck it up, and take the holiday pay in lieu.

Cat.OR

Yes from a employers perspective they can do this as workloads would take priority. Annual leave is not a given especially when you are talking almost 2 weeks out of a 4 week notice period. from an employers perspective they now have task of finding someone else, getting an appropriate handover pit in place and ensuring your partners workloads are all completed. now obviously dont know what your partner works at but i think you are in a way being equally unreasonable if you cannot see it from an employers perspective and the inconvenience of losing a staff member. your partner will be paid for his leave. there is no gard and fast rules about annual leave been a given but most hr contracts will mention at mangers discretion and as workloads dictate.

BattleCorp

I thought that annual leave has to be taken in the appropriate leave year or, with your consent, within six months of the relevant leave year.

Am I wrong?

I suppose in this case, it depends on what the actual holiday year is. Is it January 1st to December 31st or another period?