Can a company take away authorised annual leave?

[VivaLeBeaver]

I've had leave authorised and booked for months. I've been given shifts during my leave week. I'm not the only one. Management say its our responsibility to find someone else to work our shifts and if we can't then we have to come in.

I think this is bollocks and have no intention of trying to cover the shifts or come in. Can they sack me?

Also if I'm contracted to work 30 hours a week can they give me 37.5 hrs worth of shifts a week and again tell me I have to work them when I complain?

I think if the leave has been previously authorised they can't then take it away from you.

Re the hours worked, I'm not sure, but if you have regularly worked 37.5 hours in the past over a long period, then there is an automatic assumption that this is an accepted part of the contract. At least that's how a situation like this was explained to me before.

Check your contract though, there may be wording such as "work a 30 hour week, plus overtime as required to guarantee the success of the business" or some such.

Call the ACAS helpline on Monday morning, they are very good.

Thanks. I've never worked 37.5 hours before but have been given it nearly every week next month. I want to stop this before they think its acceptable.

Contract doesn't say anything about extra hours.

Will ring acas next week. Thanks.

It's the employer's responsibility of to cover your holidays.

But, I'm afraid that your employer can cancel your leave if they give sufficient notice.
For example, to cancel 1 week's leave they would have to inform you 1 week before the first day of your leave.
(I suppose that putting you on the shift rota would qualify as informing you.)

However, if your holiday year runs from Jan-Dec, and you only get the statutory minimum paid holiday entitlement, cancelling your leave could mean that you wouldn't have enough time to book a replacement period.
So, they would have to waive the normal authorisation rules in order to permit you to take your holidays before the year ends.

Mariefab, I know the police for instance can do that but I thought it was very rare. And also couldn't you make them pay them for any holiday that you'd lost?

The right comes from the Working Time Regulations s.15 2(b) & 4(b) .

www.legislation.gov.uk/uksi/1998/1833/regulation/15/made

The WTR derive from health and safety law and are therefore geared towards encouraging employees to take their holidays.
So, with the statutory minimum leave, the employer is only permitted to pay for untaken leave when the employment ends.
If your entitlement also includes any contractual leave, in excess of the statutory minimum, the employer can make it's own rules for the extra.

Viva, I bet you work for the NHS.

They have started e-rostering where I work, one week I can be rostered my paid 30 hours, the next week rostered for 40 hours. It's a pain. Do not know how people with children cope with child are.

And we still do not know our christmas week off duty.

But hey,we are public sector employees with our fantastic salaries/pensions and perks so mustn't complain.

Yes, nhs.

Good isnt it?

E rostering rules!

Have said no btw. Am not going to discuss it. Will work the first four shifts each week and then turn my phone off.

Sounds like you could work with me! I work shifts and wanted to book a long weekend off ie Friday to Monday inc. I was not allowed to do this as we are "encouraged" to take annual leave one week at a time, Monday-Sunday. So I had to book two weeks off. When the e-roster was authorised I had a shift for the Saturday I was away. And told I had to sort out a swap!