Refusing annual leave – employer’s rights.

Under Working Time Regulations 1998, all workers are entitled to at least 5.6 weeks of paid holiday per year. However, workers do not have complete freedom to take holiday when they choose to. Employers need to be able to plan and make sure that sufficient cover is in place when a worker takes annual leave. Some businesses have particularly busy ‘pinch points’ in the year (Christmas and Easter for hospitality; Black Friday and Christmas sales for retail). Employers need to know the ways in which they are able to manage how and when workers take their holiday.

The law

Under Working Time Regulations 1998, workers must give notice of at least twice the length of the holiday they wish to take. So, for a one-week holiday, the worker must give at least two weeks’ notice. If they don’t do this, then you are entitled to refuse the holiday request.

If the employer wants to mandate that holiday is taken at a certain time, then they are able to do so. In the same way as employees, they must give notice of at least twice the length of the holiday period which is being mandated.

Employers don’t have to agree to holiday requests. They can refuse them by giving notice which is at least as long as the length of the holiday requested.

Equally, employers are able to change their mind. They can approve a request for holiday and then, at a later date, rescind that approval. This isn’t a good idea from an employee relations point of view and should be handled with caution. However, you must give notice which is at least the same period as the length of the holiday (so one week for one week etc.).

A holiday policy – helping employers to stay in control

The Working Time Regulations 1998 has helpful ‘flex’ built in on the issue of holiday. Employers, provided they follow the notice requirements, can mandate certain days as holiday, refuse requests, or change their mind about a request. However, it is better for employers to tailor holiday rules to their own business by putting holiday rules in the contract of employment and/or a separate holiday policy. This allows the business to, for example, set out a mandated period of shutdown where a certain number of days of holiday must be taken. It can also designate periods where holiday is not able to be taken.

Having a holiday policy means that everyone is on the same page. Employees understand exactly what they need to do in order to maximise the utility of their holiday entitlement each year. Employers maintain control over the situation, making sure that the business continues to operate optimally when employees are away from work.

Speak to Jon Dunkley

Jon is a Partner at Wollens and can advise you. Contact Jon via email jon.dunkley@wollens.co.uk or call 01271 341021.

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