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Jenny McKenzie
Jenny McKenzie,
Category: UK Employment Law
Satisfied Customers: 6264
Experience:  10 Years of experience in Employment Law and HR
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Hi, I went to a personal trip and on my way back to London,

Customer Question


I went to a personal trip and on my way back to London, my flight was delayed for almost 48 hours and they couldn't place me to another flight. As a result, I missed 2 working days ( out of my control and I can prove this with the airline)

The company I work for is not happy with this situation. They might try to cut from my paid holiday. Since I resigned from the company a month ago, the relationship is very sensitive at the moment.

I was wondering whether it is legal if they want to cut from my paid holidays. Also, what are my rights in such a situation?

I appreciate your help.
Submitted: 3 years ago.
Category: UK Employment Law
Expert:  Jenny McKenzie replied 3 years ago.
Hello and welcome to Just Answer, are you saying that your employer will want to deduct these days from your annual leave entitlement?
Customer: replied 3 years ago.

Yes, this is correct.

Expert:  Jenny McKenzie replied 3 years ago.
Hello, your employer is entitled to either do this or deduct the pay from your salary. There is no statutory obligation for them to pay you on days that you have not worked unless the contract states that you will be paid in these circumstances. In addition if this kind of absence is normally not deducted form annual leave and is paid by the employer you can argue that it amounts to a breach of contract (through custom and practice) for them to deduct the money.

Clearly you should not have to be out of pocket due to the delay to the flight. If the money is deducted you should pursue lost earnings with the airlines or with your travel insurer.

If you have any further questions about this please ask.

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