Throughout the coronavirus pandemic there has been a reduction in the amount of holiday leave taken by employees. There are a number of potential reasons for this, including employees self-isolating, the need for employees to continue working as a result of a reduced workforce or simply due to the restrictions on international travel reducing the appetite for employees to take holiday leave.
However, now that travel restrictions begin to ease, and holiday destinations begin to open themselves up to tourists, employees will now be planning to take some well-earned rest as they plan to pay a visit to family abroad, take in that European city break or book that dream holiday to Cuba.
It is therefore critical that employers manage requests from employees for holiday leave fairly and reasonably to ensure that any increased business activity is measured against an employees health and well-being.
What holiday leave are you entitled to?
First and foremost, under the Working Time Regulations 1998, you are entitled to take paid holiday leave. This statutory entitlement however is often not adhered to by employers. The Trade Union Congress have confirmed that more than two million workers are not being provided with the holiday leave entitlement they are legally entitled to. This accounts for approximately £3 billion worth of ‘missed’ paid leave per year.
Most workers are entitled to a statutory annual minimum of 28 days paid holiday leave (based on a five-day working week which includes public holidays). Other workers will be entitled to more than this statutory minimum of holiday leave dependant on the terms of their contracts.
Sensibly, and quite obviously, a number of sectors must dictate when employees are permitted to take holiday leave, such as the education sector where teachers must only take holiday leave outside of term times.
My employer has refused my holiday leave request. Can they do this?
The short answer is yes. An employer can reasonably refuse your request for holiday leave on specific dates, but reasoning for the refusal must be afforded to you and that reasoning must be a legitimate business reason.
If you are repeatedly refused holiday leave, then you should raise this issue in the first instance informally either with your manager or an HR representative. If you are dissatisfied with the justification for the refusal or repeated refusal of your holiday leave request(s), then you should raise a formal grievance with your employer in accordance with its grievance procedure. The grievance procedure should be set out in your contract of the staff handbook.
If subsequent to raising the issue with your employer informally or formally, your employer is able to establish a legitimate business reason for refusing your holiday leave request, then you may wish to remind your employer that they are legally required to allow you to take your statutory minimum holiday within the holiday year. If the employer does not permit you to take the statutory minimum holiday entitlement, then this may be a breach of your contract.
I am a temporary staff worker/work in the gig economy. Am I entitled to annual leave?
Whether you are a full or part-time employee, an agency worker or a delivery driver in the gig economy, you are entitled to be paid for statutory minimum holiday leave. The only scenario where you are not entitled to this is if you are genuinely self-employer or an independent contractor.
As an agency or casual worker, you may be informed that you will be getting paid extra pay on top of your hourly rate instead of being paid holiday leave. This is commonly referred to as ‘rolled-up holiday pay’, the premise being that you save this extra pay for use when you want to take time off work.
However, employers are no longer able to utilise ‘rolled-up holiday pay’ given that it acted as a clear disincentive to take holiday leave.
My employer is denying annual leave. What laws are being breached?
The Working Time Regulations 1998 require workers to receive and be paid for holiday leave. Workers who are denied statutory rest breaks or holidays, in breach of the Working Time Regulations, may bring a claim before the employment tribunal. If they’re successful in their claim they can be awarded compensation.
Failure to pay you for holiday leave may also give rise to a claim for unlawful deductions from wages, which can be pursued in an employment tribunal.
It’s important to note that the time limits for bringing employment tribunal claims are short, and most claims need to be pursued within three months less one day from the relevant failure or deduction.
If you feel that your employer has breached your contract, or your legal rights, please do not hesitate to contact me on the contact details provided below and I will always endeavour to assist you.
You can contact Marcus Self on 01233 625711 or mps@hallettandco.co.uk
