This manager found out the consequences of cancelling staff’s annual leave the hard way, when the employee gracefully yet powerfully refused.
The story was shared by TikToker Micheal Sanz, who regularly posts followers’ work dilemmas, and it’s since racked up over 1.2 million views.
Text messages in the clip show a boss named Nick informing a team member, Noel, his annual leave – scheduled for just a week away – was cancelled due to another employee’s resignation.
Noel replied saying he understood ‘how frustrating’ being short-staffed was for management, but explained he was unable to push back the holiday as it was for his brother’s wedding in Bali.
‘I did book this in seven months ago, so cancelling isn’t an option,’ he added. ‘I can help out more until I leave if that helps, but I can’t change my leave dates.’
Despite the fact his three-week trip was planned in advance and paid for, his supervisor requested rebooking the flights and taking just three days over a weekend, passively aggressively adding: ‘Not sure what you can do for three weeks in Bali haha.’
In response, Noel explained his situation once more – he stood firm and highlighted he hadn’t had any time off in three years since starting there. He also recommended the company hire a temp and added: ‘It’s no one’s business how I spend my annual leave.’
‘Mate, can’t stress enough, your leave is cancelled, we just can’t do it,’ came the reply from Nick, which left the employee ‘shocked’ at the lack of flexibility.
‘I actually don’t want to come back to work now,’ said Noel, ending the back and forth.
‘I’m going to take my leave earlier and will start from today. While away I will think about if a company that doesn’t promote boundaries is a place I really want to work at. I’m also sending this as an email to Aaron and HR as it’s totally unreasonable.’
A real mic drop moment, right?
Many praised Noel for his polite but resolute approach, including @weetbixandpeanutbutterm8 who commented: ‘It’s the company’s loss as they have not only failed to keep him during his leave, but failed to keep him at all.’
David Rice, HR expert at People Managing People agrees, telling Metro.co.uk: ‘The employee handled it exactly as they should. The manager on the other hand, should be pulled in and reprimanded by HR. This is not how you manage people and if your team is so poorly run that one person taking approved leave will be that detrimental to the business, then his performance will need reviewing.
‘His unwillingness to be creative in finding a solution and costing the company another employee is more detrimental to the company in terms of turnover and reputation than the cost of this employee being on leave.’
Thousands also shared similar stories in the comments, from an employer forcing someone to come in straight after having surgery, to a worker who got fired for refusing a last-minute request to return from (an authorised) vacation halfway across the world.
So, since it’s clearly not an isolated incident, you need to know your rights.
Can my employer refuse or cancel my annual leave?
According to Antonio Fletcher, head of employment at the law firm Whitehead Monckton, companies are expected to provide staff with a minimum 5.6 weeks’ annual leave under the Working Time Regulations 1998 as well as regular daily and weekly rest breaks. And while they are allowed to cancel or refuse your requested time off, they do have to play by the rules.
He tells Metro.co.uk: ‘An employer can cancel annual leave, if it provides the required notice. The employer would be required to give the employee notice of at least the same length as the period of leave they have proposed is cancelled i.e. at least three weeks’ notice for three weeks leave.’
Even if they give this notice, cancelling scheduled and approved leave unilaterally like Nick did ‘could be viewed as a breach of the implied duty of mutual trust and confidence, which could in turn lead to claims including potentially for constructive unfair dismissal.’
There’s the risk of reputational damage and issues with future staff retention, as well as internal grievance procedures or employment tribunals if the employer hasn’t complied with its legal requirements.
What to do if your annual leave request is denied or cancelled
In one-off situations where your boss is generally flexible and not breaching your rights as an employee, you may choose to let things slide.
If it’s a constant thing or you fell the employer is acting egregiously, you have two options: formally complain (to your HR team, via ACAS or legally) or move on.
Either way, especially until any complaints have been fully dealt with, avoid taking to social media to vent, as Antonio says this could in some circumstances amount to misconduct or even gross misconduct.
‘Grievance procedures and whistleblowing legislation is in place to protect employees and ensure that such concerns can still be raised in an appropriate way,’ he adds.
Choosing to cut your losses and quit like Noel did?
David advises: ‘No job is worth neglecting your family for. No career is worth losing the boundaries of what you consider acceptable treatment toward you as a human being.
‘In this case, I would say to the employee, you may work another 15 jobs in your lifetime, but your brother getting married in Bali will likely only happen once.’
Do you have a story to share?
Get in touch by emailing MetroLifestyleTeam@Metro.co.uk.
source https://metro.co.uk/2024/02/15/mans-incredible-response-boss-cancelling-annual-leave-20286486/
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