Cancelling holiday during notice period

[benriley]

Hi,

I am looking for a little help. On the 1st of July we had an employee resign giving us a months notice. As he was going to a competitor we put him on gardening leave for his notice period. We sent him a letter stating this and that his last date of our employment would be the 31st of July.

In the notice period he has a holiday booked (25th of July to the 6th of August). Our salary pay date is the 20th of the month. This months was paid on the 19th of July as the 20th fell over a weekend. I asked our accountants who process our salary to pay him his full notice period up until the 31st of July and any holidays owed. This was all paid on the 19th of July.

The employee had no holidays to be paid as he had booked from the 25th of July to the 6th of August as holidays before he handed his notice in. When he was paid on the 19th he has said that he was not paid enough. This is not true what he has been paid is correct. He is now trying to cancel the holiday he has booked with us (25th and 26th of July) as he says he is not going on holiday and wants to change the dates so we have to pay him for two days holiday.

Surely he can't do this. His contract of employment states he has to give two weeks notice to book two days holiday. He is only doing this to try and paid more money. He has even emailed us to tell us to pick the company car up on or before the 24th of July as he is going on holiday.

Can I reject him cancelling these holidays as it is short notice. I have spoken to ACAS and they were a little vague although they did state that working time regs state he must give more notice than this to cancel the holidays.

 

[PBDirector]

Hi Ben,

You've done the right thing, and been generous in paying the latter part up front.

Tell him to stick it.

 

[Newchodge]

Have you paid him in full to 31 July, even though he will be on holiday from 25 to 31 July, or have you reduced the month because he has taken more holiday than he is entitled to?

If the latter, you can only do this if his employment contract allows it.

If you have paid him the full month, but told him he has no outstanding holiday pay to receive, then just tell him he cannot pre-booked holiday in this way.

 

[benriley]

Hi, Yes I have paid him in full until the 31st of July. We have just not paid him any holiday entitlement as with the holidays he had booked including the holidays he had booked on his notice period he has used what he has accrued.

I would never intentionally not pay any employee what he is owed but he is now trying to cancel the holidays he has booked on his notice period and saying we have to pay these as well as his full notice period.

 

[Employment Law Clinic]

What happened with this Ben?

Hopefully you refused the request to cancel the leave (or alternatively could have accepted it, but then given notice that he was required to take leave on those dates), and haven't paid anything more.


Employers should always remember, they can give notice for staff to take leave on specific dates. If placing staff on gardening leave, allow for the annual leave too, and give twice as much notice as the annual leave days due to be taken, requiring the annual leave to be taken during this period - often towards the end.


Karl Limpert

 

[benriley]

Hi Karl,

I believe this has now gone away. I did reject his leave as there was insufficient notice to us (his employer). I checked the working time regulations and his contract of employment and both stated that it was insufficient notice.

It is just a little sad that I was decent and paid him everything that he was owed in advance (his finish date was the 31/07/2013, our salary is paid on the 20th of each month, so we paid him up to the 31/07/2013 on the 20th of July). He had holidays booked from the 25th of July, so when he was paid in advance he saw this as an opportunity to cancel his holidays from the 25th of July and receive a few more days pay. With the holidays he had booked from the 25th of July, he had used up all of his holiday entitlement.

A lesson learnt by me and I will not pay anybody there notice in advance again.