Can my Employer Cancel Annual Leave? (2024)

Can my Employer Cancel Annual Leave? (1)

In: Employment

We are not currently offering Employment advice services. The following is for informational purposes only.

Can my Employer Cancel Annual Leave Last Minute?

As it doesn’t happen too often many employees and employers may not be fully aware of their rights in regard to cancelling annual leave.

In simple it can be said that both employee and employer have the right to cancel booked holidays when enough notice has been given and other criteria have been met. Such criteria include the reason of the cancellation, the notice given and the possibility to book the time off later in the same holiday year.

Reason for the Cancellation of Booked Holidays

Even if time off has previously been approved by the employer, they may cancel an employee’s annual leave if there is a good reason to do so. This could for example be an unexpected new project, a deadline moved forward or a large change in the business.

The employer should in all cases explore all options available to prevent the cancellation of booked holidays as each member of staff has the legal entitlement to take their full holiday allotment during their holiday year.

When Can an Employee Claim Constructive Dismissal for Cancelled Annual Leave?

If the employer does not have a good reason to cancel the booked annual leave the employee may subsequently have a case for constructive dismissal. They would then be entitled to claim compensation at the employment tribunal.

The employer would also be disallowed from cancelling an employee’s annual leave if that meant that the employee as a result would not be able to use up all their holiday entitlement before the end of that booking year.

Giving Adequate Notice Before Cancelling Booked Time Off

If the employer does need to cancel an employee’s annual leave then they will need to provide adequate notice and their reason for doing so.

Per law, the employer must give at least the same length of notice before the start of the annual leave as the length of the annual leave. This means that if the employee has booked five days holiday, the employer must give at least five days’ notice.

Do you think your employer may be in breach of UK employment law?

Can I Take Extra Annual Leave for a Religious Holiday?

By law, employers are not obliged to grant holiday leave for religious holidays.

Obviously, in the UK, the Christmas and Easter periods contain bank holidays which companies usually close for so these would not necessarily need to be booked off as annual leave.

However, your employer should really be respectful of your religion and try their best to be flexible around religious holidays you observe.

Read more about whether you can take annual leave for religious holidays.

When the Employee Cancels Annual Leave

If the employee wishes to cancel their booked leave due to unforeseen circ*mstances, they would need to provide the same notice.

The employer does not need to accommodate for this cancellation request if it would not be in the business’s best interest. This could be the case if for example holiday cover has been set up already.

What can I do if I am Being Refused Annual Leave?

The employer may need to refuse certain leave requests if this would be in the business’s best interest to do so. This could for example be the case around busy periods where the company can’t miss any members off staff or during holiday times when too many people have requested leave at the same time.

In any case, the business should give a good reason as to why the decision to reject the request was made. The business must also ensure that all employees have the ability to use up all their holiday time.

If the employer refuses and/or cancels so many leave requests leaving the employee without the ability to use up their annual leave allotment the employee could be able to claim constructive dismissal as well.

Business Specific Cancellation Policies

Each business has a different set of policies and procedures in place to manage their human resources.

It is not a legal requirement to include a bespoke annual leave cancellation policy within the provided HR documentation, however there are many companies that do.

Within the annual leave policy, a business can choose to include information about how cancellation requests will be processed, when a booked holiday could be cancelled and during which periods annual leave can be requested.

Working Time Regulations

The legislation regarding annual leave and cancellation of annual leave is included in the Working Time Regulations 1998.

Regulation 13 clearly outlines the entitlement to annual leave that each employee is entitled to while regulation 15 outlines further instructions on cancellation and notice periods of annual leave.

This directive is set out to protect both employee’s wellbeing and business interests in a fair and balanced manner. It is expected employees and employers treat each other fairly and keep in mind the other party’s interest as well as their own when cancelling booked annual leave.

Are you worried your employer is breaching your legal rights? Our employment law solicitors can help.

Contact us for a free initial consultation?

At AWH Solicitors we offer a free 20-minute employment law consultation. We’ll give you advice on your problem at work on a no-obligations basis. Our specialist employment team are here to help and provide you with a quick and effective initial assessment on a range of employment disputes.

Can my Employer Cancel Annual Leave? (2024)

FAQs

Can a manager cancel your leave? ›

In case the leave is for a future date, they can cancel it themselves however if the leave is already approved and is a past-dated leave, Reporting manager, Global Admin, HR Manager, HR Executive, or any other admin who has access to the Employee Leaves can cancel the leaves on behalf of the employee.

Can my boss cancel my vacation? ›

Still, the specific amount and policies surrounding vacation time can vary widely between companies. Therefore, in the absence of federal or state mandates, the provision of vacation time is typically at the discretion of employers as well as the right to revoke it.

Can my manager cancel my approved leave? ›

The answer is No. An employer cannot unilaterally withdraw approval for leave that has already been approved. The only way leave can cease and the employee return to the workplace would be via agreement between the employer in the employee.

What happens if my holiday is cancelled? ›

If your accommodation provider has cancelled your booking in line with their T&Cs, you will often be entitled to: rebook your stay for an alternative date. receive alternative accommodation (eg in an upgraded room or another hotel), or. receive a full refund.

What are the reasons for cancellation of leave? ›

Most reasons for canceling leave include plan modification, office emergencies, personal reasons, etc. Notifying human resources that you will not take the leave will prevent them from recording your absence.

What reasons can you cancel a holiday? ›

Top Reasons Most People Cancel Trips
  • Injury or Illness. Sickness and injury are the top reasons for cancelling a trip. ...
  • Death. ...
  • Natural Disaster. ...
  • Acts of Terrorism/Evacuation. ...
  • Financial Default of the Travel Company.
  • Death or Hospitalization of Host.
  • Residence Damage. ...
  • Jury Duty or Military Deployment.

When your boss declines your vacation? ›

If your vacation request is not covered under FMLA, your employer can deny it. To appeal to a denied request, find out why it was denied by having a conversation with your manager and take the issue to an HR representative if you're having a difficult time finding out why it was denied.

What happens if your boss denies your vacation? ›

California's labor laws do not specifically mandate or regulate paid vacation time. Therefore, employers have the discretion to approve or deny vacation requests based on legitimate business needs, such as staffing requirements or operational demands.

Can an employer fire an employee on vacation? ›

Retaliation for Taking Leave: The law prohibits employers from retaliating against employees for exercising their right to take leave. This means that an employee cannot be terminated for simply choosing to take their entitled leave.

How much annual leave do you accrue per week? ›

How does annual leave accrue? As a full-time or part-time employee, you get at least 4 weeks of annual leave, based on ordinary hours of work. This means a full time employee would accrue approximately 2.93 hours of annual leave per week.

Can a manager force you to not quit? ›

An employer can't make you stay. Frankly, they can't even force you to give notice. If you signed a contract, however, you're no longer an at-will employee. You may still be able to quit, but your options all depend on the terms you agreed to in that contract.

What does annual leave mean? ›

Annual leave is a period of paid time off (PTO) granted to employees by their employer. Employees can use their annual leave for whatever they like, including holidays or just relaxing at home.

Can I cancel one person off my holiday? ›

The option of removing a non-lead passenger from the booking is possible, but may not always be the most cost-effective option. Once we receive your request to remove a passenger, we will check to see how it will affect the price of your holiday. If there is a price reduction, we will refund you the difference.

What happens if I cancel my holiday and don't pay? ›

The travel company is likely to reserve the right to cancel your booking without giving you prior notice and to apply its cancellation charges, which will usually mean you forfeit your deposit. Be aware that companies are not responsible for sending out reminders when it's time to pay your balance.

Can you cancel a holiday due to illness? ›

Cancelling a holiday due to illness

If illness forces you to make a holiday cancellation, there's no legal obligation for the package holiday operator, airline or hotel to refund you. You should check the terms and conditions of your booking to understand what options are available to you.

Can a manager tell an employee to quit? ›

A forced resignation is legal in many states, especially those with at-will employment laws, while it can have legal implications in others. Employers might ask employees to resign for a variety of reasons, such as: Performance issues. Redundancy in the workforce.

What the manager should say when an employee leaves? ›

Acknowledge the resignation promptly: Once an employee communicates their intention to resign, acknowledge their resignation promptly and thank them for their service. This helps establish open communication and shows respect for their decision. Get written confirmation of the resignation, including the date.

Do employees quit because of managers? ›

Have you ever found yourself in a position where you loved your company and team but found your boss incredibly difficult, even unbearable? You're not alone! This study by DDI suggests that 57% of people have quit because of their boss — and 37% reported that they've considered leaving because of their manager.

Do employees leave bad managers? ›

Yes, people leave bad managers, but it is not the number one reason people leave a company. In “good” companies, managers make a difference.

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