Active discussions

Meet the Other Phone. A phone that grows with your child.

Meet the Other Phone.
A phone that grows with your child.

Buy now

Please or to access all these features

Talk
Chat

Join the discussion and chat with other Mumsnetters about everyday life, relationships and parenting.

Original poster

Can they legally cancel my holiday?

29 replies

Chargeroorooroo · 14/11/2019 15:58

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

OP posts:
QforCucumber · 14/11/2019 15:59

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

8by8 · 14/11/2019 16:00

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.

Original poster
Chargeroorooroo · 14/11/2019 16:01

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?

OP posts:

Interested in this thread?

Then you might like threads about this subject:

Employment advice
ChicCroissant · 14/11/2019 16:02

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?

Original poster
Chargeroorooroo · 14/11/2019 16:02

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

OP posts:
ChicCroissant · 14/11/2019 16:03

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

7Worfs · 14/11/2019 16:03

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.

Original poster
Chargeroorooroo · 14/11/2019 16:04

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.

OP posts:
ChicCroissant · 14/11/2019 16:07

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 · 14/11/2019 16:07

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 · 14/11/2019 16:08

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 · 14/11/2019 16:09

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

Original poster
Chargeroorooroo · 14/11/2019 16:13

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.

OP posts:
fascicle · 14/11/2019 16:15

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.

Original poster
Chargeroorooroo · 14/11/2019 16:17

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.

OP posts:
runoutofnamechanges · 14/11/2019 16:22

@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 · 14/11/2019 16:25

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

Original poster
Chargeroorooroo · 14/11/2019 16:27

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

OP posts:
X0X0 · 14/11/2019 16:30

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

Original poster
Chargeroorooroo · 14/11/2019 16:32

I booked it as a continuous stretch

OP posts:
runoutofnamechanges · 14/11/2019 16:36

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.

Original poster
Chargeroorooroo · 14/11/2019 16:37

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!

OP posts:
shearwater · 14/11/2019 16:48

Good luck, OP Flowers

Ferretyone · 14/11/2019 16:52

@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

Original poster
Chargeroorooroo · 14/11/2019 17:01

Ferretyone

Sorry I don't understand?

OP posts: