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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47351
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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If an employee has a pre booked holiday does an employer have

Customer Question

If an employee has a pre booked holiday does an employer have the right tools make that employee to cancel arrangements too attend a compulsory staff meeting
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
-Could you explain your situation a little more?
Customer: replied 1 year ago.
My daughter has had a weeks holiday time booked off work in January with was booked and agreed some month or more previous. Her employer has just sent her a letter saying she must attend a compulsory staff meeting within that week but would mean she must cancel her week arrangements. Is the employer entitled too insist on this
Customer: replied 1 year ago.
Is it possible to get answer too that
Customer: replied 1 year ago.
Or have I just wasted 38 quid?
Customer: replied 1 year ago.
I except your time is valuable but I have told go to work now so I suppose I've wasted both our time and my money
Customer: replied 1 year ago.
I can't find how too get my money back or an answer. What a waste of time and money
Expert:  Ben Jones replied 1 year ago.
Hello, my name is ***** ***** my colleague has asked me to assist with your query as it is more my area of law. Just a couple of pints first though - we picked up the question 30 seconds after you posted it, yet you only replied more than half an hour later - there is no guarantee that the person will be online if there is a delay in getting back to us. Also you appear to have posted a number of follow up posts in quick succession - each one would have sent your question to the back of the queue so it would have delayed a response further. All that was required is for you to reply once and leave the expert to respond to you once they were back online. I can assist you with your situation if you still want to but please confirm you want that? Thanks
Customer: replied 1 year ago.
I didn't reply half hour later coz I had phone in hand all time waiting for response. Responded as soon as got response and still haven't had answer 6 hrs later. Yes I would like an answer too my question coz I offered too pay 38 quid for an answer with I still haven't got. I been at work for last 6 hrs and no chance too follow it up. So you can send me answer when you have time if you would. But I don't expect it. I think this is a waste off my money and am quite angry that I been ripped off. I only wanted five minutes off time and a yes or no answer
Expert:  Ben Jones replied 1 year ago.
Hello, just to clarify the history of the correspondence is above - you posted the question at 16:11, my colleague asked you a preliminary query at 16:12 and your response to that did not come in until 16:45. Anyhow, can you please let me know how long she has worked there for and when the leave is due to be taken?
Customer: replied 1 year ago.
Hi sorry if we got off on the wrong foot I obviously didn't understand how this all works
I'm not good with modern technology. She has worked for the company 4 years maybe 5 and leave is too be taken week beginning 4th Jan 2016 this coming week
Expert:  Ben Jones replied 1 year ago.
No problem at all. As far as the law stands, an employer is able to cancel an employee’s pre-approved holiday but only if it is absolutely necessary and they have given the minimum notice required under law. This notice must be at least as long as the holiday they are trying to cancel. So if the employee has booked 5 days holiday and the employer is trying to cancel that then they must give the employee at least 5 days’ notice. As mentioned, in addition the reasons must be unavoidable, so if for example there has been a sudden and unexpected increase in workload and they need the cover. However, in this case it is just to attend a staff meeting which is unlikely to be seen as ‘absolutely necessary’ or unavoidable. Therefore, if the employer tries to do this in the circumstances they may be in breach of what is known as the implied contractual term of trust and confidence. The employee cannot be forced to cancel the holiday or attend and it just means that if they refuse, the employer could discipline them. Saying that, the disciplinary action is likely to be unfair and it could be challenged by the employee through an appeal, or if it results in dismissal – by claiming unfair dismissal in the employment tribunal. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47351
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you
Expert:  Ben Jones replied 1 year ago.
You are welcome, all the best