Holiday Entitlement, handing in notice, can co refuse leave?

A

antodeco

Guest
Hi!
Im going to be handing in my notice soon, in which I have to give a months notice. I am also going on holdiays at the end of february, for 5 days. Can my employer stop me from gonig on these holidays, either overall, or as part of my notice?

Thanks

title extended by ajapale
 
Re: Holiday Entitlement, handing in notice, can co refuse le

AFAIK you are entitled to holidays for the proportion of the year that you have worked, so if you have worked 1/4 of the year you are entitled to 1/4 of your annual leave. If you have used up your holidays for that proportion of the year then your employer can refuse leave. I am open to correction on that.
 
Re: Holiday Entitlement, handing in notice, can co refuse le

Annual holiday leave (in the absence of any relevant clause in an employment contract) is granted as a result of time worked and with the permission of the employer (unless you have worked for 8 months without taking annual holiday leave). No permission no holiday leave.

Note: Disputes can be referred to the Dept of Enterprise Trade and Employment for arbitration, but it's unclear how the situation will be dealt with, as you will have left the company by the time it reaches a hearing. Contact DETE on 1890 201 615 for clarity on this.
 
Re: Holiday Entitlement, handing in notice, can co refuse le

The company have already granted me my holdiays, but i havent handed in my notice yet. Can they turn around and take them back off me?
 
Re: Holiday Entitlement, handing in notice, can co refuse le

This is the relevant section of the Organisation of Working Time Act 1997 which DETE have interpreted as a change in agreed holiday time would have to be made no later than 4 weeks prior to commencement of your holiday leave.

20.—(1) The times at which annual leave is granted to an employee shall be determined by his or her employer having regard to work requirements and subject—

(a) blah!

( b ) to the employer having consulted the employee or the trade union (if any) of which he or she is a member, not later than 1 month before the day on which the annual leave or, as the case may be, the portion thereof concerned is due to commence, and

(c) blah!

(blah's are not part of the act - emaceile)
 
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