Taking away annual leave...

Post by **chillout1571** » 19 May 2016, 08:36

There are rumours going round the DOM can move your already book annual leave as a punishment for not taking the lapse in the morning. I assume this is a load of rubbish, however, I thought I'd just check.

Pidleypoo · Post by **Pidleypoo** » 19 May 2016, 08:56

Who comes up with this rubbish.call him on it in front of a rep or put it in writing.niether will happen

IcanthelpthewayIam · Post by **IcanthelpthewayIam** » 19 May 2016, 08:57

an employer can cancel or change your annual leave as long as they give you appropriate notice, if it is being done as a punishment then lodge a b+h case and get it stopped

worktotime · Post by **worktotime** » 19 May 2016, 09:11

ask them for it in writing , it amazes me what these clowns try and do , and as for the collapse you have a finish time simple .

daveyeff · Post by **daveyeff** » 19 May 2016, 16:07

zx135 wrote:an employer can cancel or change your annual leave as long as they give you appropriate notice, if it is being done as a punishment then lodge a b+h case and get it stopped

they can? news to me. so I have my holidays (34 days) which I was given in November 2015. I have since booked 2 trips abroad in june and September. are you saying if they give me x amount of notice they can change/cancel this? if this is the case would I be given compensation for the money I would lose on my booked holidays?

Post by **TrueBlueTerrier** » 19 May 2016, 16:14

daveyeff wrote:
zx135 wrote:an employer can cancel or change your annual leave as long as they give you appropriate notice, if it is being done as a punishment then lodge a b+h case and get it stopped
they can? news to me. so I have my holidays (34 days) which I was given in November 2015. I have since booked 2 trips abroad in june and September. are you saying if they give me x amount of notice they can change/cancel this? if this is the case would I be given compensation for the money I would lose on my booked holidays?

He is correct, as to compensation its worth a try but I doubt it would be paid. https://www.gov.uk/holiday-entitlement- ... -time-off-" onclick="window.open(this.href);return false;

I think however, within Royal Mail there could be a good "custom and practice" question which would help stop them cancelling leave without good reason.

An employer can refuse a leave request but they must give as much notice as the amount of leave requested, eg 2 weeks’ notice if the leave requested was 2 weeks.

Although employers can refuse to give leave at a certain time, they can’t refuse to let workers take the leave at all.

To the original question - yes they can cancel/amend it, but they can't do it as punishment.

k979aaa · Post by **k979aaa** » 19 May 2016, 16:49

TrueBlueTerrier wrote:
daveyeff wrote:
zx135 wrote:an employer can cancel or change your annual leave as long as they give you appropriate notice, if it is being done as a punishment then lodge a b+h case and get it stopped
they can? news to me. so I have my holidays (34 days) which I was given in November 2015. I have since booked 2 trips abroad in june and September. are you saying if they give me x amount of notice they can change/cancel this? if this is the case would I be given compensation for the money I would lose on my booked holidays?

He is correct, as to compensation its worth a try but I doubt it would be paid. https://www.gov.uk/holiday-entitlement- ... -time-off-" onclick="window.open(this.href);return false;

I think however, within Royal Mail there could be a good "custom and practice" question which would help stop them cancelling leave without good reason.

An employer can refuse a leave request but they must give as much notice as the amount of leave requested, eg 2 weeks’ notice if the leave requested was 2 weeks.

Although employers can refuse to give leave at a certain time, they can’t refuse to let workers take the leave at all.
To the original question - yes they can cancel/amend it, but they can't do it as punishment.

Victimisation lodge a B/H claim against them!

steve1873 · Post by **steve1873** » 19 May 2016, 17:53

TrueBlueTerrier wrote:
daveyeff wrote:
zx135 wrote:an employer can cancel or change your annual leave as long as they give you appropriate notice, if it is being done as a punishment then lodge a b+h case and get it stopped
they can? news to me. so I have my holidays (34 days) which I was given in November 2015. I have since booked 2 trips abroad in june and September. are you saying if they give me x amount of notice they can change/cancel this? if this is the case would I be given compensation for the money I would lose on my booked holidays?

He is correct, as to compensation its worth a try but I doubt it would be paid. https://www.gov.uk/holiday-entitlement- ... -time-off-" onclick="window.open(this.href);return false;

I think however, within Royal Mail there could be a good "custom and practice" question which would help stop them cancelling leave without good reason.

An employer can refuse a leave request but they must give as much notice as the amount of leave requested, eg 2 weeks’ notice if the leave requested was 2 weeks.

Although employers can refuse to give leave at a certain time, they can’t refuse to let workers take the leave at all.
To the original question - yes they can cancel/amend it, but they can't do it as punishment.

None of that says that they can cancel already approved leave requests.

Post by **POSTMAN** » 19 May 2016, 18:03

If it's on your leave card it's in, anything else just ignore from the scrotes.

Post by **TrueBlueTerrier** » 19 May 2016, 18:34

steve1873 wrote:
TrueBlueTerrier wrote:
daveyeff wrote:
zx135 wrote:an employer can cancel or change your annual leave as long as they give you appropriate notice, if it is being done as a punishment then lodge a b+h case and get it stopped
they can? news to me. so I have my holidays (34 days) which I was given in November 2015. I have since booked 2 trips abroad in june and September. are you saying if they give me x amount of notice they can change/cancel this? if this is the case would I be given compensation for the money I would lose on my booked holidays?

He is correct, as to compensation its worth a try but I doubt it would be paid. https://www.gov.uk/holiday-entitlement- ... -time-off-" onclick="window.open(this.href);return false;

I think however, within Royal Mail there could be a good "custom and practice" question which would help stop them cancelling leave without good reason.

An employer can refuse a leave request but they must give as much notice as the amount of leave requested, eg 2 weeks’ notice if the leave requested was 2 weeks.

Although employers can refuse to give leave at a certain time, they can’t refuse to let workers take the leave at all.
To the original question - yes they can cancel/amend it, but they can't do it as punishment.
None of that says that they can cancel already approved leave requests.

Unfortunately as with most HR and legal matters its never made as clear as that. In law they can cancel leave already booked, but in practice they don't usually in Royal Mail, which is why I used the "Customs and Practice" line.

Can an employer cancel an employee's booked period of annual leave? http://www.xperthr.co.uk/faq/can-an-emp ... 000000uNMa" onclick="window.open(this.href);return false;

Yes, an employer can cancel an employee's period of annual leave if it gives the required notice. Under reg.15 of the Working Time Regulations 1998 (SI 1998/1833), an employer can require an employee not to take annual leave on particular days by giving the employee notice of at least the same length as the period of leave to be cancelled. For example, if the employee has booked a period of four days' annual leave, the employer must give at least four days' notice of cancellation.

Employers can agree with their workforce alternative rules about the notice required to book and cancel leave. An employer should ensure that it complies with any such workforce agreement or contractual arrangement.

An employer must not cancel a period of annual leave if it means that the employee is not able to take his or her full statutory annual leave entitlement in that leave year.

If an employer cancels a period of leave without a clear business reason and, for example, this results in the employee not being able to go on a booked holiday and suffering financial loss, the employer could face a claim for constructive dismissal. The employee may be able to argue that the cancellation is a breach of the implied duty of mutual trust and confidence, entitling him or her to resign.

Employers should therefore cancel an employee's booked period of annual leave only after considering all alternative options to ensure that the needs of the business are met. The employer could consider whether or not it would be appropriate to compensate the employee for any inconvenience.

Therefore, cancelling leave for not lapsing would be a very difficult argument to make as a business case.