Q: Do employees have any rights as to when they can take annual leave or is it purely as the employer dictates?
Aug 16 2006
Answered by: Peter Done Ask a question
The Working Time Regulations 1998 gives employees and workers the right to four weeks’ paid holiday per annum or pro rata for part-timers. Thus someone who normally works five days per week would be entitled to 20 paid days per annum, and someone who normally works two days per week would be entitled to eight paid days’ holiday. The government is currently consulting on the period over which this will be extended to 28 days per annum, to include in addition to the current 20 days, the eight Bank/customary holidays.
The Regulations allow the employer to control when holidays are taken in two direct ways; the employer can, by giving the appropriate notice, tell employees when they must take their holidays; or by giving the appropriate counter notice, can refuse an employee’s request for holidays at a particular time. If the employer does not have a relevant agreement with employees then the default rules apply. These are:
• An employer must give twice the amount of notice as the amount to be taken. So if the employer wants the employee to take one week’s holiday he/she must tell the employee at least two weeks before the start of the week’s holiday;
• An employee must request give notice of at least twice the time to be taken before the start of the leave. So if the employee wishes to take one day’s leave he/she must ask at least two days before;
and • If the date requested by the employee is unsuitable then the employer can refuse the request but must do so at least once before the time requested.
So if an employee requests a day off two days before the date requested and it is unsuitable then the employer must refuse the request at least one day before the date required. If you give contractual holidays over and above statutory leave, you can set whatever rules you like, within reason, regarding the taking of leave.
Most employers would find trying to control holidays using only the default rules difficult and therefore a relevant agreement at least, would seem essential.
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