Employment Law: Holiday Requests

//Employment Law: Holiday Requests

Employment Law: Holiday Requests

2020-01-09T11:32:52+00:00 January 9th, 2020|HR News|

Here at Aspire Cambridge, we all love a summer holiday – from comparing tans to bringing in our travel photos, we really get into the spirit of it. However, Aspire Cambridge also know that as the flurry of summer holiday requests come in, it is sometimes difficult keep everyone happy and grant them all. Here, we look at how to manage holiday requests as they come.

How clear procedures can make difficult conversations easier

Annual leave allows your employees to play hard while they are away from the office, but it also means they should return from their time away feeling refreshed, rejuvenated, motivated and maybe even have some fresh ideas about their role and the company. A healthy balance between work and time off is essential for a happy and healthy workforce and annual leave supports this.

Annual leave is often a sticky subject for business owners, while the business has a legal obligation to provide paid holiday entitlement, managing the paid holiday entitlement can be a little bit trickier for a business owner. While managers usually want to grant holiday requests, this simply won’t be possible in all cases. Line managers have to ensure an organisation is adequately staffed to meet business demands, as well as looking after the wellbeing of the workforce. This can be particularly difficult in certain businesses where peak customer demand may clash with peak holiday requests.

Turning down a request is inevitably going to be a difficult conversation. However, employers can take steps to ensure these conversations go as smoothly as possible, minimising any adverse impact on the business.

Workers have a legal right to paid holiday but employers can control when leave can be taken. The Working Time Regulations 1998 permit an employer to refuse a worker’s request, provided the company serves a counter-notice at least as many calendar days before the proposed leave is due to commence as the number of days being refused. This provision only applies if there are no contractual terms on the amount of notice required.

To avoid these complex requirements, employers should instead set out in the contract of employment a requirement for workers to obtain explicit management approval of any holiday dates before they make any firm arrangements. This will give the employer discretion to refuse holiday requests and the ability to respond to unusual circumstances. For example, it has been reported that some banks have placed additional restrictions on workers taking holidays to ensure high staffing levels.

Employers need to focus on managing expectations. Workers should know exactly what their holiday entitlement is and the procedure for making holiday requests. This information is commonly contained in employment contracts, but providing staff with a written holiday policy is highly advisable. This should set out additional guidance on matters such as:

  • how holiday should be requested
  • to whom such requests should be made
  • the circumstances in which holiday requests may be refused

Employers should expressly reserve the right to refuse requests in the light of business needs and should consider specifying the maximum number of consecutive days’ leave employees can take, and any particular times of the year when workers will be required or not permitted to take holiday (for example, at Christmas). It is important that all restrictions can be justified with reference to business needs. Ensuring that workers have this kind of information at the outset of the employment relationship should avoid any nasty surprises later down the line.

Equally important is how holiday requests are dealt with in practice. There should be a clear written system as to how managers prioritise holiday requests. This might be a ‘first come, first served’ system or, for busy periods such as Christmas, employees can be invited to submit their holiday requests in advance and managers can make decisions based on objective factors (such as who has worked previous Christmases). If managers appear to make decisions that are not objective, or do not approach requests consistently, they leave themselves open to allegations of favouritism and possibly even discrimination.

Line managers should also respond to holiday requests promptly, particularly if they are refusing a request, giving legitimate reasons for the refusal with reference to the holiday policy where applicable. Doing this should help manage any dissatisfaction.

It is potentially a disciplinary issue if an employee calls in sick or does not turn up on a day that he or she had holiday refused, and employers should conduct a return to work interview and seek appropriate evidence of sickness.

Being clear about holidays, managing expectations and having the right conversations makes the world of difference in terms of workplace harmony and smooth management of operations. Getting it wrong may cause your workers to become frustrated and disengaged, and sickness, unauthorised absences and grievances to increase. Getting it right creates an engaged, happy and productive workforce.

Headquartered in Cambridge with regional presence in Kettering and Milton Keynes, Aspire Cambridge provide cost effective Recruitment and HR solutions to an impressive portfolio of customers spanning the UK and Europe. Working with a diverse collection of industries from start-ups to blue chip companies covering a vast range of sectors. Aspire Cambridge has an unrivalled knowledge of the jobs marketplace so it’s no wonder that they hold an impressive track record of exceeding client and candidate expectations.

How do they do it? By “Placing People First”.

Contact Aspire Cambridge:

T: 01223 855440
E: info@aspirecambridge.co.uk

W: www.aspirecambridge.co.uk