Can they legally cancel my holiday?

[Chargeroorooroo]

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.

[QforCucumber]

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

[8by8]

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]

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]

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]

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

[ChicCroissant]

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

[7Worfs]

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]

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]

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]

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]

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]

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

[Chargeroorooroo]

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]

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]

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]

@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]

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

[Chargeroorooroo]

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

[X0X0]

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

[Chargeroorooroo]

I booked it as a continuous stretch

[runoutofnamechanges]

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

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]

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]

Good luck, OP

[Ferretyone]

@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

[Chargeroorooroo]

Ferretyone

Sorry I don't understand?