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Annual Leave Query

  • 09-06-2020 7:10am
    #1
    Registered Users, Registered Users 2 Posts: 6


    Hi there,

    So a few weeks ago my employer told me to take annual leave this week as it was required for the business. (8th to 12th June inclusive)

    So I was off yesterday and then my manager texted me yesterday saying that the owner of our company had decided my annual leave is over and I'm to come in tomorrow (today the 9th) so I'm back in work now for the rest of the week. Is this legal?


Comments

  • Registered Users, Registered Users 2 Posts: 1,206 ✭✭✭Vestiapx


    Hi there,

    So a few weeks ago my employer told me to take annual leave this week as it was required for the business. (8th to 12th June inclusive)

    So I was off yesterday and then my manager texted me yesterday saying that the owner of our company had decided my annual leave is over and I'm to come in tomorrow (today the 9th) so I'm back in work now for the rest of the week. Is this legal?
    It's unusual, but these are unusual times, do you have something planned if so explain that it can't be postponed and that you will be back. If not just go to work.


  • Registered Users, Registered Users 2 Posts: 8,644 ✭✭✭cml387


    Some people would resent being asked to take holidays when one is very limited in what one can do.Maybe it's to your advantage, and later in the year you can take holidays when you want and go somewhere.


  • Registered Users, Registered Users 2 Posts: 1,617 ✭✭✭Uncle Pierre


    Annual leave is at the discretion of the employer, so yes, it's legal. But it's still highly unusual.


  • Registered Users, Registered Users 2 Posts: 6 Student78910


    Annual leave is at the discretion of the employer, so yes, it's legal. But it's still highly unusual.

    Yeah it's more so they told me to take the week off then yesterday texted me saying 'we've decided you're back in tomorrow' knowing full well in the situation that we're in I couldn't have been travelling anywhere. I did have plans to spend time with people I haven't seen in months though. Cruel move if nothing else but just wondering legality.


  • Registered Users, Registered Users 2 Posts: 71,188 ✭✭✭✭L1011


    Annual leave is at the discretion of the employer, so yes, it's legal. But it's still highly unusual.

    While legal I'm nearly certain there's a minimum notice period - some idea that it's 14 days - for changes.


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  • Registered Users, Registered Users 2 Posts: 814 ✭✭✭Raytown Rocks


    presume the days you didn't now use you get back and can use at a future date?


  • Registered Users, Registered Users 2 Posts: 10,912 ✭✭✭✭28064212


    Hi there,

    So a few weeks ago my employer told me to take annual leave this week as it was required for the business. (8th to 12th June inclusive)

    So I was off yesterday and then my manager texted me yesterday saying that the owner of our company had decided my annual leave is over and I'm to come in tomorrow (today the 9th) so I'm back in work now for the rest of the week. Is this legal?
    Legally*, yes, they can ask you to change. You can also legally refuse, because they haven't given you sufficient notice, and they can't really do anything about it. However, you seem to have accepted their request, so you're not really in a position to go back on that acceptance. At best, you could claim some form of harrassment ("feared for my job if I didn't accept etc."), or unfair dismissal if you had refused and then been fired.

    What's actually practical is a whole other story.

    *Not a lawyer. If you want actual legal advice, talk to one

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  • Registered Users, Registered Users 2 Posts: 2,045 ✭✭✭silver2020


    This is the type of employee an employer wants to avoid.

    We are in unprecedented times. The government made some last minute changes last Friday that meant a lot of changes from many workplaces that took effect yesterday and meant that staff who thought they had another 3 weeks before getting back to work, were suddenly called in.


    And someone wants to know if calling people in earlier than planned and asking to defer annual leave is "legal"?


    The OP need to wake up to themselves and be glad they have a job.


  • Posts: 0 [Deleted User]


    its the type of employer a lot of employees would also want to avoid so that works out huh


  • Registered Users, Registered Users 2 Posts: 2,326 ✭✭✭alta stare


    silver2020 wrote: »
    This is the type of employee an employer wants to avoid.

    We are in unprecedented times. The government made some last minute changes last Friday that meant a lot of changes from many workplaces that took effect yesterday and meant that staff who thought they had another 3 weeks before getting back to work, were suddenly called in.


    And someone wants to know if calling people in earlier than planned and asking to defer annual leave is "legal"?


    The OP need to wake up to themselves and be glad they have a job.

    Ffs what a load of sh!t.


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  • Registered Users, Registered Users 2 Posts: 34,216 ✭✭✭✭listermint


    silver2020 wrote: »
    This is the type of employee an employer wants to avoid.

    We are in unprecedented times. The government made some last minute changes last Friday that meant a lot of changes from many workplaces that took effect yesterday and meant that staff who thought they had another 3 weeks before getting back to work, were suddenly called in.


    And someone wants to know if calling people in earlier than planned and asking to defer annual leave is "legal"?


    The OP need to wake up to themselves and be glad they have a job.

    Employees are contracting their skills out to you, to suit a particular need your business has.

    Its not a charity.

    I wouldnt work for someone with your attitude and i doubt many would.


  • Registered Users, Registered Users 2 Posts: 1,953 ✭✭✭granturismo


    It sounds like your manager and the owner werent communicating on job rosters or schedules for this week. Did the owner announce a new project to your manager or maybe the owner just has no cop on.


  • Registered Users, Registered Users 2 Posts: 6 Student78910


    silver2020 wrote: »
    This is the type of employee an employer wants to avoid.

    We are in unprecedented times. The government made some last minute changes last Friday that meant a lot of changes from many workplaces that took effect yesterday and meant that staff who thought they had another 3 weeks before getting back to work, were suddenly called in.


    And someone wants to know if calling people in earlier than planned and asking to defer annual leave is "legal"?


    The OP need to wake up to themselves and be glad they have a job.


    Hang on a minute there because you seem to know it all. I've been coming into the office since late March because I'm more productive here and need access to printers and files etc. I didn't have to do that, I could have stayed at home and been less productive.

    So if anything I've been helping this firm and deserve some time off.


  • Registered Users, Registered Users 2 Posts: 6 Student78910


    chef wrote: »
    presume the days you didn't now use you get back and can use at a future date?

    Yeah of course that's not the issue it's more I'd plans for this week and the decision was made for me and its just fairly rotten imo.


  • Registered Users, Registered Users 2 Posts: 814 ✭✭✭Raytown Rocks


    Understand that's not the issue now, but I was just looking for more information on the issue.

    That said, yes its bad from, and a pain in the arse, make your boss aware of your feelings


  • Registered Users, Registered Users 2 Posts: 8,644 ✭✭✭cml387


    So if anything I've been helping this firm and deserve some time off.

    But they told you to take time off, from your first post.:confused:

    They seem pretty disorganised but I think you're being a little precious.


  • Registered Users, Registered Users 2 Posts: 10,912 ✭✭✭✭28064212


    Yeah of course that's not the issue it's more I'd plans for this week and the decision was made for me and its just fairly rotten imo.
    Was the decision made for you or were you asked to come back and agreed to? They're entitled to request it, and you're entitled to say no, but if you didn't, you don't really have a leg to stand on

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  • Registered Users, Registered Users 2 Posts: 7,806 ✭✭✭GerardKeating


    It sounds like your manager and the owner werent communicating on job rosters or schedules for this week. Did the owner announce a new project to your manager or maybe the owner just has no cop on.

    Or the Phase 2+ has allowed the businnes to open sooner than expected?


  • Registered Users, Registered Users 2 Posts: 3,512 ✭✭✭KaneToad


    If it were me, I'd respond with a "leave it with me, I'd arrangements made for the week off so I'll have to see if I can reschedule a few things". I'd respond after a while agreeing to come back in.

    OP gets what he wants, ie the ability to use AL at a later date. OP possibly gets to bank the goodwill by rearranging his (fictitious) plans to facilitate employer. Employer gets what he wants, ie employee at work.

    Alternative is to decline citing arrangements for AL time already made. Employer can't force your hand. But in that scenario, everyone loses out.


  • Registered Users, Registered Users 2 Posts: 6 Student78910


    cml387 wrote: »
    But they told you to take time off, from your first post.:confused:

    They seem pretty disorganised but I think you're being a little precious.

    Yeah they told me to take time off (which I wouldn't have taken because I couldn't so anything but I agreed to because it was to help them at the time). So now it doesn't suit them for me to be off.

    So I had in my head that I had this week off and now I don't? Don't think that's precious I think that's just human nature.


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  • Registered Users, Registered Users 2 Posts: 26,998 ✭✭✭✭Peregrinus


    Yeah they told me to take time off (which I wouldn't have taken because I couldn't so anything but I agreed to because it was to help them at the time). So now it doesn't suit them for me to be off.

    So I had in my head that I had this week off and now I don't? Don't think that's precious I think that's just human nature.
    Yeah, I get that you feel you are being dicked around. And you're right.

    But, on the plus side, you now have a leave entitlement that you can use later on, at a time when there is more stuff you can do. Plus, by going along with them on this occasion you may have scored some brownie points as a flexible, adaptive employee, and someone (who gave you leave when obviously someone higher up than him thought it was a bad idea) may feel he owes you a favour.


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