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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
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I have a 3 week holiday booked in may, which i booked last

Resolved Question:

i have a 3 week holiday booked in may, which i booked last september, a new manager has just arrived and told me that i have to cancel it , can he do this
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello was the holiday initially approved by the employer?
Customer: replied 1 year ago.
yes the holiday was initally approved by the management last september, but new there is a new manager who has informed me last night to cancel it
Expert:  Ben Jones replied 1 year ago.
Have you made arrangements for the holiday,like booking flights, accommodation, etc? Also how long have you worked there for?
Customer: replied 1 year ago.
I booked this in September when the leave was granted, and its a trans canada train tour with virgin holidays , flights and everything have been booked since septemebr and paid for since january
Expert:  Ben Jones replied 1 year ago.
And how long have you worked there for?
Customer: replied 1 year ago.
over 3 years
Expert:  Ben Jones replied 1 year ago.
The law allows an employer to reject an employee’s request to take annual leave but it does not specifically state that leave can be cancelled once the request has been approved. So if you had made the request and they did not want to approve it then they would have had the legal right to reject it. However, once it has been approved the law does not specifically allow them to retract it and cancel the leave granted. In addition, you have now fully relied on their approval and made travel arrangements which you can no longer cancel. It would be ab reach of the implied term of trust and confidence, which exists in every employment contract, to cancel a holiday after approval and after you have made these arrangements. So you can make it clear that they cannot reject the leave any longer, whether this was down to a new manager or not. This is your basic legal position. I have more detailed advice for you in terms of the options open to the employer now and your respective rights, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there I no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
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Expert:  Ben Jones replied 1 year ago.
Thank you. The employer could try and treat this as misconduct, for example say that if you go it would amount to unauthorised absence from work and then discipline you for it. If they do you have the right to defend yourself and appeal any outcome. If they decide to dismiss then you can claim unfair dismissal in the employment tribunal – you have protection against unfair dismissal in these circumstances. If they only issue a warning, then you can appeal it and decide what to do – whether to accept it or if you believe you cannot work there any longer as a result, you an resign and claim constructive dismissal. Hopefully it will not get to any of these but be prepared.