Is this a form of work bullying? Please advise

BronsonTB · 16-12-2022 5:25pm #1

Booked an annual leave day off (Booked in July 22 - 5 months in advance)

Followed all company procedures (in writting) & it was approved off by management.

Day booked is Jan 3rd 2023

This month (Dec 22)

Management now contacted to say it no longer suits them for this day to be given. They are revoking the leave request & insisting that it is now a normal working day.

Reason: Contract work has been booked in where cover staff will now be off site & not enough cover left, this work only came in after the leave day was booked.

Is this a form of work place bullying? Wasn't given a choice & told now that day should not have been approved. (5 months later after it was booked!)

Any advise?

Retr0gamer · 16-12-2022 5:32pm

They are well within their writes to cancel it unfortunately as long as they give the right amount of notice. First I'd talk to them about it and see if you can make a case and work it out. Also check your contract to see of there's anything about how long to book holidays on advance.

If you end up with a big financial loss out of it you can take the constructive dismissal approach.

https://worknest.com/blog/can-i-refuse-cancel-employees-holiday-2/

Dial Hard · 16-12-2022 5:34pm

It's annoying but it's nothing even approaching bullying, imo.

BronsonTB · 16-12-2022 5:55pm

Many Thanks for the replies - will chalk it up to exprience

wylo · 16-12-2022 5:59pm

It's not bullying and it's legal etc, but it's not right either imo (I mean on a personal level). If the day off is very important to you I would be pursuing it further because you gave plenty of notice, if not then just leave it.

amdublin · 16-12-2022 8:28pm

Not bullying, but not right. imo they should have honoured it, but explained "going forward this is the rule"

dennyk · 19-12-2022 11:49pm

What date did your manager actually inform you that they were rescinding their approval of your leave request? If it was less than a month before the date of your leave, that is not legal, so you could potentially push back on that basis, and even take it to the WRC if you wanted to. Whether it would be worth the hassle and the inevitable damage to your relationship with your employer would be something you'd have to decide.

Jim2007 · 20-12-2022 1:31pm

https://www.boards.ie/discussion/comment/120016403#Comment_120016403

Can you provide a link for this legal opinion, as people may want to rely on it?

BronsonTB · 20-12-2022 1:44pm

https://www.boards.ie/discussion/comment/120016403#Comment_120016403

Manager notified me on the 13th Dec. (3 weeks before leave day)

Yeah, I'll see what the New Year brings but might be time to start looking elsewhere. (Not just over this but other issues arising with management).

Thanks to everyone for the replies.

20-12-2022 1:44pm

https://www.boards.ie/discussion/comment/120017776#Comment_120017776

Organisation of Working Time Act 1997, Section 20:

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—

...

(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

Of course, as is almost always the case in these situations, the practical realities are far more important than the legalities.

Unrealistic · 20-12-2022 2:13pm

https://www.boards.ie/discussion/comment/120017839#Comment_120017839

I think that 1 month requirement relates to a situation where the employer is mandating that leave be taken on certain dates rather than where the employer is cancelling leave requested by the employee.

20-12-2022 3:32pm

https://www.boards.ie/discussion/comment/120017946#Comment_120017946

It's both. By definition, having control of when leave is granted is exactly equivalent to having control of when leave is not granted.

If your premise was correct, an employer could loophole their way around subsection (b)'s provisions by declaring all 52 weeks of the year as annual leave, then cancelling it on a week-by-week basis (except to allow the statutory amount when they wanted). In that case, they wouldn't be mandating leave with less than a month's notice, they would "just" be cancelling it.

Subsection (b) applies to both mandating and cancelling leave

Jim2007 · 20-12-2022 5:37pm

https://www.boards.ie/discussion/comment/120017839#Comment_120017839

That section does not prevent an employer cancelling your leave it simply requires consultation before doing so. The OPs most makes it clear that circumstances changed necessitating the cancellation. I would not be in any hurry to try and argue that one in court.

20-12-2022 5:59pm

https://www.boards.ie/discussion/comment/120018737#Comment_120018737

The consultation is required to happen not later than 1 month in advance of the leave. After that, they no longer have the right to determine when leave is taken. If this was a scenario going to the WRC or the courts, I'm confident that section would protect the employee.

But as I said, that's pretty unlikely. In reality, it's more likely to come down to either compromises from both sides, or an ultimatum that ends with the other side feeling screwed and contributing to an end to the relationship (whether that's the company managing the OP out, or the OP leaving the company)

Brid Hegarty · 17-01-2023 9:24pm

https://www.boards.ie/discussion/comment/120018737#Comment_120018737

Yeah, but then what would be the point in having that section at all so?

Brid Hegarty · 17-01-2023 9:25pm

https://www.boards.ie/discussion/comment/120018827#Comment_120018827

The wording in the working time act is pretty poor! It should also say:

...subject to the employer not being allowed to cancel any agreed holiday within one month of said holiday commencing.

Is this a form of work bullying? Please advise

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