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Hello! I have a similar problem, the only difference is that…

Hello! I have a similar...
Hello! I have a similar problem, the only difference is that my holiday request was signed by my manager 1 week before I handed in my notice. Now she is telling me that there was not enough time between my holiday request and resignation, so she has to cancel my holidays. Is she entitled to do that? She said it is law. Can you help me please and let me know on which legal basis can she do that? Thank you very much!
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Answered in 3 hours by:
6/17/2014
Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
Satisfied Customers: 50,942
Experience: Qualified Employment Solicitor
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Ben Jones : Hello, my name is ***** ***** it is my pleasure to assist you with your question today. You mention you have a similar problem but I am not sure which question you are referring to, can you please link to it or just provide more details about your situation, thanks
Ben Jones :

Hi, not sure if you saw my initial query above?

Customer:

Sorry, it was regarding this case: http://www.justanswer.com/uk-employment-law/58kr3-employer-denies-holidays-days-off-wants-pay-instead.html

Customer:

And my holiday request is for the last week of my notice, so technically I would finish 1 week earlier, but that was the reason that I gave her 1 week longer notice than the compulsary 1 month. I don't know if it changes anything, because 1 of my colleague was allowed to take holidays in her notice period but it wasn't for the last week.

Ben Jones :

Hi, thanks for clarifying. Your rights would depend on whether you initially gave sufficient notice and whether your request was actually accepted by the employer and formally granted.


 


To satisfy the minimum notice requirements, you should have given your employer notice that is at least twice as long as the holiday to be taken. So if you wanted to take a week off you should have given the employer at least 2 weeks’ notice before the holiday was due to be taken. If the employer wanted to reject that request you should have received notice equal to at least the holiday to be taken, in this case a week.


 


However, once the request has been accepted and they have confirmed they have granted you the time off, then it becomes legally binding and they cannot retract it. You are free to then resign as you wish and if needed you can have the holiday to overlap with part of your notice period. There is no law that says a minimum notice period is required between the holiday request and the resignation, the only requirement is that there was sufficient notice between the request and the time the holiday is taken.


 


If you are refused the right to take the leave before your notice period expires, assuming the above conditions have been met, you can consider leaving earlier than planned and at the time when your holiday would have begun. You can then still claim to be paid for this holiday period because you are still owed that time, having accrued it before you left. If the employer refuses to pay you then you can make a claim for unlawful deduction of wages in the employment tribunal if necessary.


 


Hope this clarifies your position?

Customer:

Thank you very much it was very useful

Ben Jones :

you are most welcome, all the best

Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
Satisfied Customers: 50,942
Experience: Qualified Employment Solicitor
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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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