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It’s Holiday Time

It’s Holiday Time

It’s Holiday Time, But I Need To Cancel My Employee’s Holiday

How do you stand legally if, for whatever reason, you need to cancel the the annual leave of an employee?

The law allows you to do this providing you keep to the rules! So what are these rules? They are found under Regulation 15 of the Working Time Directive 1998 (S1 1998/1833). To make life simpler, they are as follows:

An employer can require an employee not to take annual summer leave on particular days by giving the employee notice of at least the same length as the period of leave to be cancelled.

To give an example, if the employee has booked a period of four days annual leave, the employer must give at least four days notice of cancellation.  However, employers and their employee can agree alternative rules regarding the amount of notice required both to book and cancel leave.

Importantly, an employer cannot cancel a period of annual leave if it results in the employee being unable to take their full statutory annual  leave entitlement.

There are caveats to be borne in mind in the event you cancel an employee’s leave.  There should be a pressing reason if the cancellation results in the employee not being able to take a booked holiday and suffers financial loss. The employer could then face a claim for constructive dismissal. The employee could argue that the cancellation is a breach of the implied duty of mutual trust and confidence, entitling them to resign.

Best advice is to consider all other options.

The Graham Agency, keeping you informed.