What is 'reasonable' refusal of annual leave?

smallpurplepill

Edited to add: apologies, I've just realised this post went through twice - I was having some problems getting the form to submit!


Hi all

Question on annual leave (sorry I have had to keep details vague as I am asking on behalf of someone I know so can't provide too many identifying details)

I know employers can approve/refuse holiday based on business need but can they for example force all holiday to be taken at the end of the leave year (March) and none throughout the year (if this is not stated in the contract)?

Friend has been unable to take holiday during the leave year due to her section's workload (sorry I can't go into any more detail than this but will just say it is a mismatch between amount of work and people to do it) resulting in her and workmates getting to March and company "has to" (?) approve it regardless of heavy workload due to legal obligation to X days holiday. The March holiday is not because it's a business "shutdown" or whatever but rather because it's the end of the leave year and so the legal obligation is to allow the holiday.

Friend is now very tired and worn out all the time due to not getting proper rest as though it isn't a 7 day a week job there are quite a few long days and irregular hours to get the job done. Mentioned they feel like all they do is work and sleep, and don't get more than a couple of days off in between days of work so never really recover from it.

They also have some personal (living situation related) business they need to get done which they cannot due to being unable to take holiday and is now becoming a problem from a personal point of view as they can never get the same time off as partner (he does a different job at a different company with different hours!) so anything that involves "both being there" has to be put on hold for a few months as she is too tired during weekends due to all the hours to be able to do anything!

I guess the question is really about what is a 'reasonable' policy - legally or good practice wise. Can employer refuse all time off during the year and then just allow one period of holiday for it to be used up? (I tried checking the usual websites on this but did not really find an answer except that the employer can refuse individual requests within a specific timescale)

I used to be in a similar situation myself (different company) and never did find a satisfactory answer so am not sure what to advise!

I know some professions (like teaching) have specific periods holiday can be taken (school holidays) and none the rest of the year but I guess when becoming a teacher etc. you are aware of this and it's in the contract, so isn't really a comparable situation.

Thanks

Googlewhacker

As long as they are not being discriminatory in the eyes of the law (ie gender, sex race etc) they can tell her when to take holiday and when she cannot have holiday.

factories often have a two week shut down for their employees during the summer months is an example where employees have to use some of their holiday at that specific time.

liney

The company can give her notice and require her to take holiday whenever they please. She has the right to request holiday only.

As long as the needs of the business are the paramount concern, and they are not singling out individuals in a discriminatory manner, then they are with their rights to refuse holidays requested repeatedly. Best practise would be to give alternative dates when the holiday can be taken, but legally they just need to abide by the Working Time Regulations.

bristol_pilot

They can do this if they want, although the organisation doesn't appear to be very well run. This happened at my Company one year and it has never happened again as basically it is extremenly inconvenient for the employer to have everyone off for the whole of March! So don't worry it will not happen every year - something will be done such as staggering the holiday year, or the manager being replaced.