Can my boss disallow my holidays?

eimsRV

Hi all,

I've 3 days booked off as annual leave next week. This week I've a chest infection and fever, my doctor has certified me off work for week (until fri).
I was speaking to my manager and said I would come in on Thursday as I want to finish a few things off before my leave next week.
He basically said he would now need to revoke those days off as its very busy in work. But he approved these about 2 months ago!
I've nothing booked away, I just needed to do my christmas shopping as the last 2 weeks of December are the busiest for us in the year, and the last 2 months I've been working alot of overtime.

Can he now revoke the holidays, can I refuse?

Thanks,
Eims

BrianD

Have a look at your contract.

If you've followed the proceed ure then it would be unfair to revoke them. Having said that the company has to run a business and can decide when you take holidays. Might be a bit of scope for negotiation if he needs you back in work!

castie

Seems like the sick days may have forced him into it though.
So I don't think he's trying to be unfair.

Have a chat and see what happens.
Maybe possible to compromise to less than a week?

Mrs OBumble

Also, if the doctor has certified you off up to and including Friday, then the company really cannot let you go back on Thursday. Insurance and all.

seamus

The company gets to decide when you take your holidays, so can revoke them if they wish, however you are entitled to one month's notice.

Also, legally sick leave is not considered holiday leave - if you're sick during your holiday leave, your employer must give you back that holiday leave and allow you to take it another time. So your employer would not be legally entitled to consider this week as "holidays", even if he doesn't take it out of your leave allowance.

All that said, I don't think your employer is being intentionally unfair, and I would suggest that you try to reach a compromise with him. You no doubt see the rationale behind what he's saying, if you say that you're entering your busy season.

If you're well enough to work, then I would say that you're well enough to do your shopping. Take the rest of this week to do the shopping that you had planned next week and make a bit of fuss about that with your manager, but capitulate. He should appreciate you changing your plans at the last minute to help out the company.

eimsRV

Thanks everyone!

He has been flexible in the past (but so have I) and is now trying to use that to force me to work next week. I spoke to him earlier I said I would come back in Tues (so only take 1 day off instead of 3), he eventually accepted that - but it sounded like he was doing me a favour!