Managing employee holidays is an important part of administration. It doesn’t matter whether you work in HR, are an employer, or even an office manager, because you need to make sure that you respect and understand your employees’ holiday rights.
Holidays for Employees in the UK
In the UK, most employees are entitled to 5.6 weeks of paid holiday every year. This can include public holidays but largely comes down to the employer’s policy. If you are a part-time or if you are irregular worker, then holiday entitlement will usually be worked out on a pro-rata basis, or the hours worked.
It’s important that you take the time to communicate the entitlement policy, and that you also specify whether public holidays are included or not. You should also calculate holiday pay based on whether or not your employees are joining the company midway through the year.
How to Deal With Holiday Requests
Employees have to submit holiday requests in advance because employers need enough time to manage workloads while maintaining business continuity. The law doesn’t state how much notice has to be given, but it is normal for holidays to be planned several weeks ahead.
Employees do have the right to approve or even refuse a holiday request if there is a genuine business need. This could be because there is a busy business period or because there are other employees who have overlapping holidays.
As a general rule, it’s a good idea for you to have a clear written policy that outlines the procedure for submitting requests and how the overall decision is going to be communicated.
Can I Cancel an Approved Holiday?
Sometimes, an employer may need to cancel an approved holiday. It may be that there is a shortage of staff or that there is an unexpected surge in work. Employers can cancel a holiday request, but at the same time, it has to be done within reason, and there also has to be adequate notice given.
Employers have to explain the reason why they are doing it while offering alternative dates. This should be done so that there is minimal disruption to the employee, however it should not be done repeatedly, as it could lead to breaches of contract.
Can I Refuse an Employee’s Holiday Request?
Yes, employers can refuse an employee’s holiday request but they have to give a business reason why. Employees have no right to take leave whenever they want, but at the same time, refusals have to be consistent and align with company policy. If an employee happens to dispute the refusal, then employers should try and find an agreeable solution, such as partial leave.
How to Navigate Holiday Disputes
Disputes over holidays can happen, but they can be reduced. You should encourage your staff to submit their holiday requests early and use transparent criteria when refusing or accepting them. A clear and written policy that will help you to handle things properly and find ways to deal with competing requests.
Refusing a Holiday Request FAQs
As an employer, you may have a couple of questions about refusing a holiday request and what steps you can take to make sure that you handle disputes properly.
What Happens to Unused Holidays?
Employees are entitled to payment for any accrued but unused holidays when their employment ends. This is, of course, unless the contract says otherwise.
Can an Employee Take Holidays During Sick Leave?
Employees can accrue holidays even while they are off work sick. If the sickness overlaps with a holiday that has been booked, then the holiday can be awarded back to the employee, or it can be carried over. A lot of this will come down to your company policy.
Can Holidays Cross Over to Next Year?
As a general rule, statutory holiday entitlement has to be taken within that year, but some employers allow holidays to carry over. During very exceptional circumstances, provisions may apply.
Whether you need support with holidays or whether you need help with an employment law matter, we can help. We can provide you with HR support services as well as guidance regarding employment policies and general procedures. Get in touch with us today.
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Author
sarahrobinson@premier-legal.co.uk
Sarah Robinson is the Managing Partner and has specialised exclusively in employment law since qualifying as a solicitor in 1996.
Sarah has considerable experience of representing clients in many different industry sectors including insurance and financial services, corporate finance, technology, legal services, automotive, hotel and catering and media as well as the public sector.
Areas of particular interest include restrictive covenants, TUPE and advising in relation to discrimination.