Urgent help needed an employer canceled holiday

[Duffman1445]

well im speaking on behalf of a friend, she booked a holiday for next week back in january and bought the ticket and everything now a new manager has come in and decieded to cancel 5 days before shes due to leave,

im sure they cannot do this can someone left me know asap if thats the case and what she can do if its not the case?


Thanks
Ben

[pompeyfaith]

had the holiday been signed off by your manager in other words he agreed to it.Did you get writen confirmation at all from the manager. Ask him/her if the company is willing to pay for your losses i.e cancelled tickets etc im sure at that stage they will back down.

[Duffman1445]

it was approved back in January not sure on writen confirmation but the did agree to. She said its not just her 3 other people got cancled as well

[Sidewinder]

She needs to get a written grievance in today to her manager and copied by e mail or fax to the company's HR department stating that the holiday was applied for in the correct manner and approved by the manager at the time. Notify them that only once the holiday was approved has she booked tickets booked to go away and it is inconceivable that would be able to cancel her arrangements at this late stage. State that as everything was done by the book and in accordance with company policy (which presumably it was), she considers the order to postpone her holiday a breach of her contract and will vigorously defend any action taken against her.

[Duffman1445]

Great, is there anything she can use as reference under the employment law?

[Sidewinder]

No - she must refer to her Terms and Conditions of employment and the company policy regarding holiday, which together form her contract of employment. If it is not specified in the terms that she was given shortly after being employed, there will be a reference to, for example, a company handbook for the additional conditions which make up the contract.

The Law says that employees are permitted a certain amount of annual paid leave, but the employer is entitled to specify when and how this is taken. A company handbook will normally contain a statement along the lines of 'All holidays must be taken at a time convenient to the employer and may only be taken with the agreement of the company. Holiday requests must be made to X and must be made at least X before your holiday is expected to start'. Providing that your friend has fulfilled whatever conditions are stated in the company policy regarding holidays and the employer has agreed to the request then this forms a contract between employer and employee. Of course if there is also a clause which says that 'The employer reserves the right to cancel previously agreed holiday providing that X notice is given' then this would change things...

Also important is the length of time that your friend has worked for the company and how much of her annual leave she has already taken. Presumably she isn't taking time off which hasn't yet been accrued?