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Advice For Employers & HR Professionals

Can an employer refuse an employee’s holiday request?

Yes, an employer can refuse an employee’s holiday request where it has sound operational reasons for doing so, for example, because there will be inadequate cover due to it being a peak period or other employees’ prior booked leave.  Requests can also be refused, legitimately, where the employee has failed to comply with the employer’s own policies and procedures, for example, by giving insufficient notice or where the employee does not have the days to take.

In refusing a leave request, the employer should explain the reason(s) and ensure that the employee is given sufficient notice of the refusal.  The length of an employer’s counter-notice should be equal to the period of leave to be refused, plus one day, so if the employee requests 3 days off, the employer must give 4 days’ notice to refuse the request in its entirety.

While employers have a broad right to be able to refuse holiday requests, this needs to be balanced against the obligation not to prevent an employee from taking their full statutory or contractual leave entitlement over the course of the leave year.  Therefore, holiday balances do need to be managed carefully and pro-actively throughout the year, and requests should only be refused exceptionally.

If an employee whose leave request is turned down, nevertheless does not turn up to work, then this is disciplinary territory and should be treated, and investigated, as potential misconduct.

 

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