Leave Request Cancelled.

LegacyUser

Unsure how to approach the situation that I find myself in and I would really appreciate any thoughts on the matter. Three weeks ago, I submitted a request for three days annual leave, for next week, 28th-30th of October to be exact. It was approved, no questions asked. I am going away for a few days. Two weeks ago a company approached me, on the recommendation of an ex-colleague of mine and asked me if I would be interested in joining their company. I decided to meet with them. They brought me out to lunch, explained their vision for the future and offered me a role in their organisation. The offer was too good to turn down, so I accepted it. The company I am working for at the moment, isn't the best; the staff turnover rate is very high, so it was an easy decision.

On Wednesday, I submitted my resignation to my boss. She was very disappointed, claiming that I was a massive asset to the company etc. This in itself was annoying, as I have failed to get any feedback, constructive or otherwise, from her month after month, in our review meetings. I was always obliged to give a full appraisal of the company though. If you pushed back on this, you were accused on not being 'engaged' but that is a side issue. On Friday morning, I got an automated mail from the system that manages our annual leave, which indicated that my three days leave next week had been cancelled. I queried this with my boss and she told me that any leave request that I submit over the course of my notice period will be declined. I asked her if I am required to perform a handover of some sort and she said that her team will be too busy for that. She has taken me off all the projects that I was on; I am in a lead role and assigned testing tasks to me for the remaining weeks. I am very familiar with the testing duties that I have been assigned and there is absolutely no reason why I can't take this leave. The project I am assigned to is mid sprint next week and there will be very little to test. I tried to explain this to her but she replied by saying that I was trying to tell her how to do her job, i.e. manage projects and staff and she wasn't going to put up with that.

Is their anything I can do to get round this situation? We have a HR department but they tend to side with the managers.

Stheno

Not really no, I'm afraid, a lot of companies have a policy that when you are working out your notice that you cannot take any leave during that time.

Mrs OBumble

Do you feel a stomach-bug coming on, on about the 27th? Perhaps D&Vs ...

Seriously - how important is this company and the reference from your manager to your future career? Did the new company seek a reference? (If they know the current one is dodgy, they may not have bothered - it's a small world.)

LegacyUser

Mrs OBumble wrote: »

Do you feel a stomach-bug coming on, on about the 27th? Perhaps D&Vs ...

Seriously - how important is this company and the reference from your manager to your future career? Did the new company seek a reference? (If they know the current one is dodgy, they may not have bothered - it's a small world.)

I don't need a reference for my new job but I may need one from them in the future. I am thinking about pulling a sickie but a sickie may be more hassle than it is worth. This same boss gave a colleague of mine a verbal warning when he came back from certified sick leave. Hard to know what to do.

Canadel

Whatever about the outcome of the leave situation, it suggests to me that you made the right decision to leave your current job which should at least be reassuring. Passive aggressiveness is an ugly trait which can be debilitating to those who have to endure it, and as it often only reveals itself on seldom occasion, you're lucky you got to witness this behaviour by your manager before you left just in case you were tempted to reconsider and stay.

Clauric

Can't post link from my phone, however, in Ireland, employers have to give an employee 1 months notice if they are cancelling the employee's annual leave (they must also give the same notice if they are requiring an employee to take annual leave).

In this case, they have not given you the required notice to cancel your leave, therefore you are under no obligation to not take your leave. I would also note that the company's policy cannot change this requirement.

uck51js9zml2yt

Clauric wrote: »

Can't post link from my phone, however, in Ireland, employers have to give an employee 1 months notice if they are cancelling the employee's annual leave (they must also give the same notice if they are requiring an employee to take annual leave).

In this case, they have not given you the required notice to cancel your leave, therefore you are under no obligation to not take your leave. I would also note that the company's policy cannot change this requirement.

Have you a link to this ?

ziedth

Personally, I'd burn that bridge to the ground out of nothing but spite. Short sighted as it may be but it's a very spiteful thing to do on their part, people leave jobs you've done nothing wrong. I work at senior management and unless I was absolutely pinned down with no other options I wouldn't pull someone's leave.

I know references may be an issue down the line but I wouldn't take it.

mitresize5

take the leave and don't worry about the references.

There is nothing to say your previous references have to be your line manager, in fact as you look like your in IT, a reference coming from a previous customer, internal or external, can be of more benefit.

It looks like even before this you would have been unsure about using this manager as a reference anyway

Jonti

Take three days sick leave!

Timberrrrrrrr

Clauric wrote: »

Can't post link from my phone, however, in Ireland, employers have to give an employee 1 months notice if they are cancelling the employee's annual leave (they must also give the same notice if they are requiring an employee to take annual leave).

In this case, they have not given you the required notice to cancel your leave, therefore you are under no obligation to not take your leave. I would also note that the company's policy cannot change this requirement.

Jax Rich Boot wrote: »

Have you a link to this ?

:rolleyes:


Op, You should just tell them you are taking the days off as you have made plans and booked hotels etc at great expense. If they still refuse then just call in sick.

seamus

Jax Rich Boot wrote: »

Have you a link to this ?

http://www.irishstatutebook.ie/eli/1997/act/20/section/20/enacted/en/html#sec20

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.

To the OP I'd just drop her a mail right now and say that as the leave had been approved before you handed in your notice, there was no grounds on which to change her mind and "decline" it, and therefore you will be taking it. You've already paid for non-refundable flights/hotels/tickets (it doesn't matter, just make something up), so you're not negotiable on this.

Ensure you send out a mail this evening reminding the rest of the staff that you're away for the next 3 days and not available.

skallywag

Stheno wrote: »

Not really no, I'm afraid, a lot of companies have a policy that when you are working out your notice that you cannot take any leave during that time.

I can understand a fresh request being turned down once notice has been given, particularly if a handover is required, but I cannot understand how 3 days of pre approved leave could be then cancelled, unless purely out of spite.

mahamageehad

Is it possible that you've already used up your leave allocation? If so, maybe that's why?

petes

mahamageehad wrote: »

Is it possible that you've already used up your leave allocation? If so, maybe that's why?

Surely that should have been looked at when it was approved!

Zith

petes wrote: »

Surely that should have been looked at when it was approved!

The allowed leave for the year could be X days based on a full year of work. If you then don't work the full year they could be saying you are only entitled to a pro-rata number of holidays, like half X if you will now only be there 6 months of this holiday year.

On the other hand it could just be spite. Just make sure you are entitled to whatever total number of days you have taken plus these 3 given you may not work for a full holiday year now that you are leaving.

LegacyUser

Many thanks for the replies. I queried my leave request again and after much debate, she decided to "do me a favour" and approve my leave request. I think she tried to contact HR to get them to back her up but it failed. For the record, I have plenty of days, well over 50% of my allocation of days for the current year remaining.