Are you wondering, “Can my employer refuse my holiday request?”
In short, the answer is yes, but your employer should be reasonable. If they continue to refuse your requests for leave, it could result in a claim for constructive dismissal.
What’s your holiday entitlement?
You do have a right to take holiday, but you don’t have a right to specify the dates.
To find out your holiday entitlement, check your employment contract. It will tell you how many days you can take, when they can be, whether there is a limit to the numbers of days off you can take in a row, and whether you can carry over unused leave or not.
Here are some of the standard terms:
- When you want to take time off, you should tell your employer in advance. The notice period should be at least twice as long as the holiday period plus one day
- If your employer wants you to take time off on certain dates, they must tell you in advance. For example, you might have to take leave on bank holidays and over Christmas. This notice period should be at least twice the length of time of the leave
- You might not be allowed to take leave during busy periods, and your employer can cancel leave you’ve requested if they need you at work. In either case, your employer must give you notice lasting at least twice the period of the leave plus one day
- If you work part-time or have a half day’s leave to take, you might be entitled to a part-leave day
- Your employer must allow you to take the leave you’re entitled to, and can’t force you to take leave when you’re off sick
- If you leave the organisation without taking the time off that you’re entitled to, you’ll receive pay in lieu.
Coronavirus exceptions
Under the Working Time Directive, the minimum paid holiday entitlement for full-time employees in the UK is 5.6 weeks per year (that is 28 days for a full time worker. This can include bank holidays). The entitlement is the same but pro rata for part-time employees.
However, you might not have been able to take much time off in 2020/21 if you’re a key worker, on furlough, sick or self-isolating.
Due to these exceptional circumstances, employees can carry over their holiday entitlement for the next two years.
Refused time off?
First, speak to your manager. If they refuse, check whether your chosen dates clash with a busy period, and find out from colleagues whether your dates clash with theirs.
If that doesn’t help, go to senior management or your union rep.
If that doesn’t help, submit a formal grievance. Your staff handbook will tell you how to do this.
If that doesn’t help, you can take your employer to the employment tribunal. We can help with that.
If your employer cancels a holiday you’ve booked, and you suffer financial loss as a result, you could argue that it’s a breach of the implied duty of mutual trust and confidence and make a claim for constructive dismissal. We can help with that too.
What this means to you
As with many legal situations, the holiday situation is not as straightforward as you might think. For example, holiday pay might include commission or overtime. It all depends what’s written in your employment contract.
Related reading
- Am I entitled to backdated holiday pay?
- I am working too many hours
- Can I claim for constructive dismissal if I resign?
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