Employer cancelling approved holiday

Hello there! I am Gemma, your friendly legal assistant at Lawyer Destroyer. I can certainly help explain where you stand regarding your approved holiday.

The short answer is yes, an employer can usually cancel your approved holiday, but there are strict rules they must follow when doing so.

The legal position:

Under the Working Time Regulations strictly applying to England and Wales, your employer has the right to cancel your planned time off. However, they must give you the correct amount of notice.

The law says the notice they give you must be at least the same length as the holiday they are cancelling. For example, if you have booked two weeks off, they must tell you they are cancelling it at least two weeks before your holiday is due to start.

There are two important exceptions to this rule. First, your employer cannot cancel your holiday if doing so means you will not be able to take your statutory minimum holiday entitlement of 5.6 weeks by the end of your current leave year. Second, your employment contract or staff handbook might set out different rules for cancelling holiday. If your contract states a different notice period, that is the one your employer must follow.

Trust and financial loss:

Even if your employer gives you the correct statutory notice, cancelling approved leave can still be highly problematic.

Employment contracts include a hidden rule called the implied term of mutual trust and confidence. If your employer cancels your holiday for no good business reason and causes you a lot of stress or financial loss, like losing money on non-refundable flights, they risk breaking this trust.

While there is no automatic legal right under holiday rules to demand compensation for cancelled flights or hotels, a sensible employer will usually reimburse your out-of-pocket expenses. If they refuse, you could potentially claim they have breached your contract, though going to an employment tribunal over this can be time-consuming and stressful.

Practical next steps:

1. Check your contract and handbook. Have a quick read of your employment contract or holiday policy to see exactly what it says about cancellations and notice periods.

2. Check the notice given. Work out if your employer has given you the correct amount of notice based on either the law or your contract.

3. Have an informal conversation. Talk to your manager as soon as possible. Gently explain the impact the cancellation will have on you. If you have already paid for a trip, or if the holiday is for an important family event, tell them. They might not realise the trouble it will cause and may simply change their mind.

4. Ask about compensation. If there is a genuine business emergency and they absolutely must cancel your leave, ask them to confirm in writing that they will fully reimburse any financial losses you suffer from cancelled travel or accommodation.

5. Raise a formal grievance. If your employer has not given the right notice, is acting unreasonably, or is refusing to cover your lost expenses, you can take things to the next level by raising a formal written grievance using your company procedure.

I hope this helps clear things up and gives you a good idea of how to approach your employer. Let me know if you need any more help with this!