Can an employer force an employee to take holidays on certain dates?

Yes, an employer can give notice to order an employee to take statutory holiday on specific days.  This may be a necessary way to stagger employee holidays throughout the year, to ensure that there is adequate cover during peak periods, or to avoid a future influx of employees wishing to use the majority of their leave at peak times.

When forcing employees to take such leave, sufficient notice must be given. This notice should be at least twice as many days in advance of the start of the holiday as the number of days, or part days, that the employee is required to take. For example, if the employer requires the employee to take 5 days’ leave, it must give at least 10 calendar days’ notice.

There are no explicit requirements about the form that this notice must take, however, it is best practice to provide advanced notice at the beginning of each leave year, to allow employees to plan any travel. There may be some instances where provisions in employment contracts are the most effective way of providing notice. For example, where it is possible to identify annual leave in advance, before the precise dates are known, by reference to a summer shutdown, or a period after the completion of a particular project. We are very experienced in drafting contracts of employment, if you would like our assistance with this, or would like us to review your current contract to check it is compliant and aligned with best practice guidance, please contact us.