Disciplinary Hearings and CCMA Representation, Trade Union Representation and Strike Negotiation, Employer Liability for the Actions of their Employees, Facts and Evidence count in Disciplinary Hearings. Can an employer cancel the employee’s leave? So, can an employer cancel annual leave? You may disable these by changing your browser setting, but this may affect our websites functionality and your user experience. Call us today on 0800 231 5199 or fill in your details below to speak to an expert. Although you and your employees have rights regarding annual leave, during these unprecedented circumstances you may need to put your business first. Yes, if you provide the correct, legally required, legal notice. This is not the employer’s problem. Amanda represents corporate clients and large public bodies, including complex discrimination and whistleblowing claims. An employee applied for leave a month ago. Is the employer responsible to reimburse the employee for the money he has already paid? These rules help to support important industries during the pandemic. We have an expert team available on a 24/7 phone line. First, you must take into consideration the needs of your business. We use necessary cookies to make our website operate. Case law suggests that in its simplest terms reinstatement means the action of giving an employee back a position that he/she has lost OR to put an... LabourMan Consultants Concord Employment Contractors, Subscribe and receive labour related information. For more detailed information on how the cookies we use work and how to opt out, please see our Cookies Page. If the employer and the employee agreed that he could go only if he had reached his deadline, then it is a case of, sorry, you cannot go. But the main issue to remember is coronavirus and how it’s affecting your business. This type of cookie collects information in a way that does not directly identify anyone. All rights reserved. Normally, staff can’t carry that over to different years—they must use it all. Now, employees who haven’t taken all of their permitted holiday time can carry this over to the next two leave years. Model Town Extension, Lahore, Pakistan, Respected Employees, It is to announce that the summer holidays for which you were going to be sent to Malaysia as a bonus of your job, has been cancelled due to an important meeting with Carbolic Smoke Ball Co., as you all know that they can give a good project to the company. Wallace Albertyn is a Senior Associate and Legal Advisor at LabourMan Consultants. ‘However, where the cancellation of leave would cause problems, line managers and HR can turn down requests. These solutions include outsourced payroll processing and HR administration; a full suite of HR services; and finance admin and accountancy support. Croner Group Limited is authorised and regulated by the Financial Conduct Authority for the sale of non-investment insurance contracts. If it’s not a issue for you, then you can agree to it. If the employee chooses not to maintain their share of the cost of the benefits, then the benefits can be discontinued, however, we would strongly recommend getting this in writing from the employee. But you should also consider your employees’ rights during this time. The employer would be within his rights to cancel the leave. With today’s technology the employer could make an exception and let the employee go, if the employee agrees to work while on leave and to still meet his deadline. In these unprecedented times, business practice requires it—this is so you can operate as a business, while supporting your workforce. Address: 163 Umhlanga Rocks Drive, Durban North, KZN, Johannesburg Office Reasons for that may be down to flight cancellations, meaning the employee can no longer go on holiday. From an ethical perspective however, the employer should consider the circumstances for the leave before cancelling and also the impact of cancelling on the employee. Please be aware that we use various Cookie technology across our website. Address: Ground Floor, West Wing, 6 Kikuyu Road, Sunninghill, Cape Town And it's up to you—if you require employees to work, then you have the legal right to reject their request. If an employee then does not arrive at work, depending on the individual circumstances (for example if he/she is sick), they could be disciplined. Letter to Cancel Leave. The chairperson of a disciplinary hearing determines the guilt or innocence of an accused employee. And the reason being due to coronavirus disruptions. The employee has paid for a week away with his family. The employee agreed to meet his deadlines,and the fact that he did not rests on his own shoulders. Does the employer let him go away? What happens when an employee has applied for leave, their manager has approved the leave and then operational circumstances change and the employee is required on site? What does an employer do if an employee’s leave needs to be cancelled? Scenario: Yes, if … HRTorQue Outsourcing (Pty) Ltd assists companies of all sizes to improve their efficiency and professionalism in dealing with their employees by introducing practical outsourced solutions in the workplace. As business experts, we can help you deal with the pressures of the coronavirus outbreak, lockdown rules, remote working, and any other queries you have. What happens when an employee has applied for leave, their manager has approved the leave and then operational circumstances change and the employee is required on site? During the national lockdown, the cancellation of annual leave for key workers by an employer for coronavirus is a real consideration. It’s a difficult time for everyone during the coronavirus pandemic. It’s also your decision if you want to permit staff to carry over contractual leave. At issue in the appeal was whether an employee can affirmatively decline using FMLA leave, even though the underlying reason for leave would have been FMLA protected leave. Fax: 086 696 3073 Phone: 031 564 1155 For example: In these instances, we would consider the smart thing to do would be for employers to carefully consider whether it is really necessary to cancel the leave. The employer is within its right to cancel the employee’s leave and the employee will forfeit any money he already paid. The Act states that the provisions for annual leave do not apply to an employee who works less than 24 hours per month for an employer, and also these provisions do not apply to leave granted to an employee in excess of the entitlement allowed in terms of the BCEA. Get a free callback from one of our regional experts today. Registered Office: Croner House, Wheatfield Way, Hinckley, Leicestershire, England, LE10 1YG. For example, if cover has been set up for the employee or shift patterns arranged on the basis that the employee would be on leave, it may be necessary to require the employee to take the annual leave as booked.’ Businesses face a complex task of managing productivity requirements alongside your employee needs. for an employee to attend his/her child’s wedding then it would have very negative long term consequences for the employee’s morale should the leave be cancelled; If an employee has spent money on arranging travel and accommodation it would be inequitable to cancel the leave unless the employee is at the very least compensated for these expenses. All content copyright HRTorQue Outsourcing. Relaxation of the Validation Rules for Code 4587 – s10(1)(o) foreign income exemption, Leave Pay, Notice Pay and Severance Pay – common calculation mistakes, Draft code of good practice – violence and sexual harassment, Employment Equity Draft Bill – some key points to note. So, under your employer rights you can cancel annual leave—you just have to provide enough notice. This will show the employee that the employer is serious. The Impact of Stress and Psychological-related Illnesses in the Workplace. This unfortunately may seem like harsh reality. You can also opt-out of having your anonymised browsing activity within websites recorded by analytics cookies. Does the employer cancel his leave? After all, the employer has approved his leave. This of course would not go down well with the employee as well as other staff. Some may wish to cancel their booked days, especially if they’re already on furlough. The employer’s only option then would be to negotiate a mutually satisfactory solution with the employee. Or, in some businesses, trade remaining holiday days for wages. The employer is within its right to cancel the employee’s leave and the employee will forfeit any money he already paid. We’d like to set Google Analytics cookies on your visit, which is a performance cookie that would help us to improve our website by collecting and reporting on information relating to how you use it. But what happens if the employee has paid for his holiday? However, three days before the employee leaves, he is nowhere near reaching his deadline. With your permission, we’d also like to set optional Google analytics cookies to help us improve our service, however, we won’t set optional cookies unless you enable them. However, it is suggested that the employer obtains a clear and reasonable agreement in writing with the employee that says he would not be allowed to go on leave if he has not met his deadlines. During the coronavirus pandemic, we’re here to help businesses during this difficult time. You may decide it’s a good show of support for staff during this time to allow them to arrange. You may even receive requests from your members of staff regarding holiday days (annual leave). Get in touch for assistance: 01455 858 132 . Phone: 011 236 8644 You can contact us on 01455 858 132 for help with making a decision. Address: Ground Floor, Liesbeek House, River Park, Gloucester Road, Mowbray, Cape Town, 7700. With the regular clearance of new legislations, it’s essential your business stays up to date with changing employment laws in the UK. But employees may now suddenly find themselves unable to take a booked slot of annual leave. Can an employer cancel leave which has already been granted? So, after cancelling flights and holidays, they may ask you if they can also cancel their time off altogether. This could also be an an informal e-mail. This helps alleviate the stress on businesses right now, meaning you can request them to work without taking their holidays. However, the exception to this rule is that you cannot cancel leave if it means that the individual is then unable to take their full statutory annual leave entitlement in that leave … Most staff in the UK have entitlement to 28 days holiday time (which includes the bank holidays of each given year). Having said that though, it needs to be repeated, the employer needs to get the employee’s agreement in … If the employee then still goes on leave, the employer can take action against him for being absent without permission. How Many Sick Days Per Year are Acceptable in the UK. Necessary cookies enable core functionality such as security, network management and accessibility. However, if you’re facing a decrease in demand for work, then you may ask for your employee to take the time off. Amanda also drafts and delivers bespoke training regarding all aspects of employment law, including ‘mock tribunal’ events; in addition she also frequently drafts employment law articles for various publications for Croner and their clients. If the leave is important personally e.g. © 2020 Croner is a trading name of Croner Group Limited registered in England & Wales No. It’s also a good idea to consider the employee’s circumstances when making a decision. We can help you with any coronavirus enquiry. Ultimately, you should remain flexible in your approach to annual leave.