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Can they legally cancel my holiday?

(30 Posts)
Chargeroorooroo Thu 14-Nov-19 15:58:45

Say I collect my annual commission on 28th November, give 3 months notice 29th November...is there any way that can legally cancel my annual leave which I've been saving up (9th - 23rd Dec)? My logical brain says they can't but my anxiety brain is telling me they'll find a way and everything will be ruined. sad

QforCucumber Thu 14-Nov-19 15:59:57

An employer can cancel any annual leave at any time, has it already been approved?

8by8 Thu 14-Nov-19 16:00:26

Do you mean cancel your time you’ve booked off? Yes, employers can cancel your booked time off.

They’d still have to pay you for those days (so when you left you’d get accrued but untaken annual leave pay added to your final pay check).

But they can cancel the time off and tell you to work.

Chargeroorooroo Thu 14-Nov-19 16:01:37

I thought they had to give you the same amount of notice that they're cancelling it as you're taking, so in this case 11 working days?

ChicCroissant Thu 14-Nov-19 16:02:08

Yes, they can cancel time off, but if your aim was to get your annual bonus/commission then you've done what you wanted anyway?

Chargeroorooroo Thu 14-Nov-19 16:02:25

It was approved about 5 months ago if that makes a difference

ChicCroissant Thu 14-Nov-19 16:03:03

No, it doesn't matter when it was approved.

7Worfs Thu 14-Nov-19 16:03:47

Well considering you’ve given notice, how will the punish you if you simply didn’t comply with the cancellation?
Worst case, they go through a lot of effort and resource spent, to sack you right before the notice ends. Would have to be quite petty to do that.

Chargeroorooroo Thu 14-Nov-19 16:04:53

Would have to be quite petty to do that

You haven't met my employers! I'm worried if they cancel it and I refuse and walk out then I'll lose out on the salary for my notice period, which totals more than the commission.

ChicCroissant Thu 14-Nov-19 16:07:06

Why would you walk out though? If you have a notice period of 3 months you'll be back at work anyway in Jan/Feb?

GrumpyHoonMain Thu 14-Nov-19 16:07:57

Yes they can and probably will cancel it if that’s a peak business period. Why not hand in your notice as late as possible on the 8th of Dec - that way they won’t have time to cancel anything before you go, and you can then return and do a proper handover.

7Worfs Thu 14-Nov-19 16:08:35

Maybe an HR poster can advise, but I think only gross misconduct is let go without notice. This however could be gross misconduct.

Is it a much needed fancy holiday you have booked?

7Worfs Thu 14-Nov-19 16:09:58

@GrumpyHoonMain has the solution.
I’d even email it on the morning of the first day off.

Chargeroorooroo Thu 14-Nov-19 16:13:50

For a bit more context, I stupidly didn't realise I wouldn't get my commission if I gave notice, so I've already worked 6 months longer than I meant to because of this. Am absolutely consumed with anxiety and fatigue and desperate to get away. It's fairly common practice to out people on gardening leave in my industry so I'm praying they since since I'm going on hols anyway and the office is closed between Christmas Eve and New Year, don't bother coming back.

fascicle Thu 14-Nov-19 16:15:29

Chargeroorooroo
I thought they had to give you the same amount of notice that they're cancelling it as you're taking, so in this case 11 working days?

That is correct.

Chargeroorooroo Thu 14-Nov-19 16:17:41

15fascicle so in theory they could order me back from the 16th but given the office will be completely dead by then that would be petty to the point of cruelty.

runoutofnamechanges Thu 14-Nov-19 16:22:11

@Chargeroorooroo No, they can't cancel your leave if you give notice on 29 November. 9-23 December is 15 days annual leave so your employer must give you at least 15 days notice to cancel it. Your leave is booked to start less than 15 days after you intend to resign, so it will be too late for them to cancel it.

Here is the link to the law:

www.gov.uk/holiday-entitlement-rights/booking-time-off-

runoutofnamechanges Thu 14-Nov-19 16:25:07

Oops, 11 days, you're correct and also correct about the notice period they have to give you to cancel.

Chargeroorooroo Thu 14-Nov-19 16:27:01

I was wondering if they treat leave as one lump or individual days but it sounds like I'll be safe!

X0X0 Thu 14-Nov-19 16:30:00

did you book as 15 days, or 15 x 1 day?

Chargeroorooroo Thu 14-Nov-19 16:32:36

I booked it as a continuous stretch

runoutofnamechanges Thu 14-Nov-19 16:36:15

It is treated as one "lump", as you put it smile

Otherwise the law would be meaningless - eg if each day were treated individually, you could head off for a fortnight to Benidorm and they could randomly cancel one day of leave mid holiday at one day's notice while you were away IYSWIM Everyone would be constantly at the beck and call of their employer.

Call ACAS for advice if you want it confirmed.

Chargeroorooroo Thu 14-Nov-19 16:37:34

Thanks guys you've really helped calm my poor anxiety down!! Just so so desperate to get away and forget about this place, even if they do make me come back for Jan and Feb!

shearwater Thu 14-Nov-19 16:48:20

Good luck, OP flowers

Ferretyone Thu 14-Nov-19 16:52:06

@Chargeroorooroo

So you are planning 14 odd days holiday out of your 3 months notice period? Assuming that you get 28 days a year you would presumably only be entitled to 7 days payment or accrual

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