Holiday Approved - Manager now wants to cancel/shorten it
Holiday Approved - Manager now wants to cancel/shorten it
Author
Discussion

Densetsu

Original Poster:

40 posts

78 months

Monday 26th October 2020
quotequote all
Seeking some advice for my brother here.

He booked a holiday back in May to travel over xmas and into January. His manager approved the time off he requested (17 days). Like most, he ended up working from home during the summer lockdown as well.

Since July the Gov have introduced the 14 days self-isolation for travellers returning to the UK from places that are not on the exempted list and he's travelling to a non-exempted place (as of today, anyway).

As he'll now need to self-isolate on return to the UK in January and thus he's informed his manager that he plans on working from home during the self-isolation period. However this has now kicked off and his manager has asked him to cancel his holiday or shorten it to 10 days.

So where does he stand? The holiday was approved prior to the new Gov rules, it's all booked and paid for as well and he can easily work from home.

Advice welcome!




georgefreeman918

737 posts

122 months

Monday 26th October 2020
quotequote all
I would say that the manager can not enforce a change in length of holiday, but could suggest that the self isolation period is unpaid. That is what my place is doing, as we have a mix of people that can and can not work from home, so its the only fair way to do it.

craigjm

20,417 posts

223 months

Monday 26th October 2020
quotequote all
They can do more than enforce a change of length. An employer can legally cancel your leave as long as they give you notice of at least the same length of leave you are taking plus one day . In this case then no later than 18 working days before the leave begins.

Edited by craigjm on Monday 26th October 21:13

NickXX

1,641 posts

241 months

Monday 26th October 2020
quotequote all
The policy where I work is that if I go on holiday to a country where I know that I’ll have to quarantine upon return, I won’t get paid for the quarantine period (even though I have been working from home since March).

I would be paid in the quarantine period if the status changed whilst on holiday.

I suspect that this policy is common across a lot of companies in the UK- and your brother’s manager is making a faff of applying it.

Jasandjules

71,906 posts

252 months

Monday 26th October 2020
quotequote all
AS noted above under the Working Time your employer can direct the dates you take holiday.

In addition, you say he "intends" to work from home and can easily do so. Does that mean he is not currently required to work from home?

Densetsu

Original Poster:

40 posts

78 months

Monday 26th October 2020
quotequote all
Jasandjules said:
AS noted above under the Working Time your employer can direct the dates you take holiday.

In addition, you say he "intends" to work from home and can easily do so. Does that mean he is not currently required to work from home?
No, he's back working in the office.


craigjm said:
They can do more than enforce a change of length. An employer can legally cancel your leave as long as they give you notice of at least the same length of leave you are taking plus one day . In this case then no later than 18 working days before the leave begins.
Wow, I didnt know this!

craigjm

20,417 posts

223 months

Monday 26th October 2020
quotequote all
If he is back working in the office then he doesn’t really have a leg to stand on unless he takes unpaid leave for the quarantine period

irocfan

46,410 posts

213 months

Monday 26th October 2020
quotequote all
given that at this point it is quite possible that there will be financial penalties for cancelling will his company reimburse him for that?

craigjm

20,417 posts

223 months

Monday 26th October 2020
quotequote all
irocfan said:
given that at this point it is quite possible that there will be financial penalties for cancelling will his company reimburse him for that?
They are under no obligation to do so but they can in some circumstances open themselves up to possible constructive dismissal if they are not absolutely meticulous in the way they deal with it

Densetsu

Original Poster:

40 posts

78 months

Monday 26th October 2020
quotequote all
craigjm said:
If he is back working in the office then he doesn’t really have a leg to stand on unless he takes unpaid leave for the quarantine period
Apparently he was told he had to return to the office (about 8 weeks ago).



irocfan

46,410 posts

213 months

Monday 26th October 2020
quotequote all
craigjm said:
irocfan said:
given that at this point it is quite possible that there will be financial penalties for cancelling will his company reimburse him for that?
They are under no obligation to do so but they can in some circumstances open themselves up to possible constructive dismissal if they are not absolutely meticulous in the way they deal with it
eek did not realise that!

Macroni18

444 posts

68 months

Wednesday 28th October 2020
quotequote all
Employer can reduce/cancel holiday if required.

irocfan

46,410 posts

213 months

Wednesday 28th October 2020
quotequote all
Macroni18 said:
Employer can reduce/cancel holiday if required.
I realise that - I was just thinking about the short period of time and therefore short-term cancellation penalty rates. TBH if an employer did that to me I'd be looking for a new job PDQ

Densetsu

Original Poster:

40 posts

78 months

Sunday 1st November 2020
quotequote all
Just an update. No change in this situation for my brother. Also seems he still has to work in the office during this next lockdown, even though he (and all this team) can work from home Apparently providing businesses employment and tax law advise is essential business (according to his management)...

craigjm

20,417 posts

223 months

Sunday 1st November 2020
quotequote all
Densetsu said:
Just an update. No change in this situation for my brother. Also seems he still has to work in the office during this next lockdown, even though he (and all this team) can work from home Apparently providing businesses employment and tax law advise is essential business (according to his management)...
Can’t see that lasting long to be honest.

PrinceRupert

11,602 posts

108 months

Sunday 1st November 2020
quotequote all
Looks unlikely he will be travelling anywhere over Christmas in any event!

stumpage

2,194 posts

249 months

Sunday 1st November 2020
quotequote all
Densetsu said:
Just an update. No change in this situation for my brother. Also seems he still has to work in the office during this next lockdown, even though he (and all this team) can work from home Apparently providing businesses employment and tax law advise is essential business (according to his management)...
Hang on..... he provides employment law advise and he didn’t know about employers rights with holidays.

CubanPete

3,759 posts

211 months

Sunday 1st November 2020
quotequote all
I thought under the current rules thay if you could work from home you were supposed to...

Welshbeef

49,633 posts

221 months

Sunday 1st November 2020
quotequote all
CubanPete said:
I thought under the current rules thay if you could work from home you were supposed to...
That’s not the law is it. (Yet).

Bodo

12,472 posts

289 months

Sunday 1st November 2020
quotequote all
Densetsu said:
Seeking some advice for my brother here.

He booked a holiday back in May to travel over xmas and into January. His manager approved the time off he requested (17 days). Like most, he ended up working from home during the summer lockdown as well.

Since July the Gov have introduced the 14 days self-isolation for travellers returning to the UK from places that are not on the exempted list and he's travelling to a non-exempted place (as of today, anyway).

As he'll now need to self-isolate on return to the UK in January and thus he's informed his manager that he plans on working from home during the self-isolation period. However this has now kicked off and his manager has asked him to cancel his holiday or shorten it to 10 days.

So where does he stand? The holiday was approved prior to the new Gov rules, it's all booked and paid for as well and he can easily work from home.

Advice welcome!
I think the manager is wrong to question the approved holiday.
In any case, it's your brother's responsibility to care for quarantine if he went in a position to do so. When that interferes with work requirements, he would have to have unpaid holidays outside his time off.