Request for Annual Leave

Dealing with requests for annual leave is an integral part of managing people at work. This entails ensuring that all workers receive their full entitlement to paid time off each year so that the workforce is rested and motivated, while minimising operational disruption or resourcing issues.

In general, the more notice someone gives to take holiday leave, the easier it is for managers to plan ahead and avoid problems with staff being off work.

Last minute holiday requests, therefore, can be a headache for managers. Frequent changes and short-notice requests can sometimes be missed, especially during busy periods of the year. But these requests must be dealt with fairly and lawfully to avoid complaints and morale issues.

In this guide for managers, we look at best practice guidance on how to deal with – and deter – last minute requests for leave.

 

Statutory right to time off work

 

Under the Working Time Regulations 1998 (WTR), most UK workers have a statutory right to at least 5.6 days of paid holiday per annum. Employers are allowed to count paid bank holidays as part of this entitlement. Some employers may provide employees with more than this allocation depending on company policy.

Employers are entitled to tell their staff to take leave, for example on bank holidays or Christmas. They are also allowed to dictate when leave cannot be taken, for example at certain busy industry periods.

 

Requesting time off work

 

If an employee wishes to use some of their annual holiday leave, they must make a proper request to their employer within the specified notice period.

An employee who requests statutory holiday from their employer must give notice according to one of the following:

 

• double the length of their holiday;
• the period prescribed by their employment contract or relevant company policy.

 

The employment contract or annual leave policy should outline the rules for this. The notice period for this is at least twice as long as the leave they want their staff to take.

 

Employer’s right to refuse holidays

 

Employers reserve the right to refuse requests for annual leave, provided they have a good business reason for doing so and they give the employee at least as much notice as the amount of leave requested; for example two weeks’ notice if the leave asked for was two weeks. This becomes problematic when the employee’s request is last minute and does not meet the applicable notice period requirement.

Where an employee fails to give the required notice to their employer, the employer is under no obligation to allow them to take the holiday. An employer therefore has the right to reject last minute holiday requests from an employee.

 

Should you refuse last minute holiday requests?

 

Employers should generally accept leave requests wherever possible, not least to support positive workplace relations and morale and avoid build up of leave entitlement at the end of the year.

As such, it’s not usually recommended to refuse a holiday request simply because it’s last minute. If, however, there are additional concerns, such as staffing issues or high workload, these would be reasonable grounds to refuse.

When deciding on a last-minute leave request, managers will have to consider the circumstances as a whole to avoid operational disruption and any unnecessary, additional pressure on those that will be working.

For example, if someone else already has leave approved for the dates in question, a last minute request – or even request with sufficient notice – may have to be refused if it would leave the team short-staffed.

The requirement to give notice for leave requests and the factors for managers to consider such as minimum staffing levels, should be included in the annual leave policy. You can then refer the employee to these terms as the basis of your decision to refuse their request.

 

Annual leave policy

 

If your organisation is operating without an annual leave policy, or without specific guidance on how to deal with last-minute or conflicting requests for holiday, there is greater risk of complaints of unfair, discriminatory or inconsistent treatment.

It’s best practice to have a workplace annual leave policy that provides clarity to employees on what they are entitled to and their obligations when wanting to take time off. For example, ideally, leave requests should be managed using a centralised or single absence management system, where all data is logged, shared and automatically updated whenever a change is made.

The policy should also specify how managers should deal with requests for leave fairly, including last minute requests.

An effective policy will therefore cover how staff should book time off, i.e. using specific HR software, by email etc; how much notice is required when requesting time off; the maximum amount of time staff can take off at once; and any circumstances when leave requests can be refused, such as when minimum staffing levels are not met or during peak periods for the organisation.

Managers should be trained in accordance with the company policy to ensure consistent and correct application of the rules, while employees should be informed of the policy and its terms. The policy should be reviewed regularly, kept up to date and be easily accessible to all workers.

 

How to deal with last minute leave requests

 

Managers should consider last minute requests for holiday on a case by case basis. Avoid automatically reject them – seriously consider whether or not you have a valid business reason to refuse such as:

 

• Your business would struggle to keep up with demand without the employee.
• The employee’s absence would affect the service you provide.

 

If your organsiation has an annual leave policy, follow this guidance. If not, you must ensure you are treating all requests fairly and using the same decision-markers. Without a leave policy, it is generally advisable to operate a ‘first come first served’ system to deal with annual leave requests.

Remember also that employees are entitled to take time off work for reasons other than annual leave, for example, to deal with dependant emergencies. These requests should be treated separately to annual leave under the relevant policy.

 

Avoiding discrimination

 

When dealing with leave requests, managers must ensure they avoid giving preference to certain types of workers, such as full-time over part-time staff, or those with children, as this can lead to unlawful discrimination claims.

 

How to deter or prevent last-minute holiday requests

 

Having contractual provisions and a dedicated policy in place that set the rules around how to request their holidays, including notice period requirements, can help deter employees from making last minute requests. Should they still do so, you can refer them to the rules and point out that they have not followed procedure.

If you do not have such rules in place, you still have the fall back position that legislation provides you with to be able to refuse the request.

Where a manager is organised and consistent in dealing with annual leave requests, it encourages their team members to plan ahead and be organised too, meaning fewer last minute requests for leave. A proactive approach can also help deal with holiday bottlenecks, when multiple team members want to take the same period off work.

Regular annual leave bottlenecks at peak times of year such as Christmas should be managed proactively to avoid complaints and resentment. If you are worried about being understaffed during such periods, it might be worth discussing a policy with staff which ensures everyone can take a minimum or maximum number of days whilst still making sure enough people are able to work.

 

Need Assistance?

 

DavidsonMorris’ employment lawyers support employers with all aspects of workforce management, including reviewing policies and resolving workplace disputes. For guidance on a specific issue, contact us.

 

Request for Annual Leave FAQs

 

What are my legal obligations as an employer when a staff member requests last-minute leave?

As an employer in the UK, you must adhere to statutory leave entitlements. This includes ensuring employees have access to their annual leave, as well as emergency leave for dependants and sick leave. It’s important to review each request on a case-by-case basis while maintaining compliance with the relevant employment laws.

 

Can I refuse a last-minute leave request?

You can refuse a last-minute leave request if it is not covered by statutory entitlements or company policy. However, it’s essential to handle refusals carefully to avoid any potential claims of unfair treatment or discrimination. Always ensure that your decision is consistent with your leave policy and that you communicate the reasons for refusal clearly.

 

What should I do if an employee consistently makes last-minute leave requests?

If an employee frequently requests leave at the last minute, it may indicate an underlying issue. It’s advisable to have a conversation with the employee to understand their situation. You could also review your leave policy to see if it offers sufficient flexibility or consider whether additional support might be needed to address the root cause.

 

How can I minimise the impact of last-minute leave on business operations?

To minimise disruption, consider implementing strategies such as cross-training staff, maintaining a list of on-call or temporary workers, or using HR software to manage and allocate resources quickly. Encouraging a culture of advance notice where possible and ensuring clear communication with your team can also help reduce the impact of sudden absences.

 

Am I required to pay employees for emergency leave?

Emergency leave for dependants is usually unpaid unless your company policy states otherwise. However, employees may be entitled to statutory sick pay if their absence is due to illness, or they may use their annual leave entitlement to cover the period of absence.

 

How do I balance being supportive with maintaining business needs?

Balancing employee needs with business requirements involves clear communication, consistent application of policies, and a degree of flexibility. Being supportive doesn’t mean compromising on business needs; rather, it’s about finding a solution that works for both parties. Reviewing your leave policies regularly and seeking legal advice when necessary can help maintain this balance.

 

Can last-minute leave requests be covered under flexible working arrangements?

Flexible working arrangements can sometimes accommodate last-minute leave requests, particularly if they relate to a need for short-term adjustments. If your company has a flexible working policy, it may be worth exploring whether such requests can be managed within this framework, provided it doesn’t negatively impact the business.

 

What steps should I take if an employee calls in sick unexpectedly?

When an employee calls in sick at the last minute, ensure they follow your company’s sickness absence reporting procedure. Document the absence and consider any necessary adjustments to cover their work. Depending on the duration and frequency of the sickness absences, you may need to conduct a return-to-work interview or review their attendance record.

 

Glossary

 

 

Term	Definition
Annual Leave	Paid time off work that employees are entitled to by law, typically 28 days per year for full-time workers in the UK, including bank holidays.
ACAS (Advisory, Conciliation and Arbitration Service)	A UK public body that provides free and impartial information and advice to employers and employees on workplace relations and employment law.
Emergency Leave	Unpaid leave that employees can take to deal with unforeseen matters involving dependants, such as a family illness or a breakdown in childcare.
Flexible Working	A work arrangement that allows employees to adjust their working hours, location, or pattern of work, subject to employer approval.
Statutory Entitlements	Minimum rights and benefits that employees are entitled to by law, including annual leave, sick pay, and parental leave.
Sick Leave	Time off work granted to an employee due to illness or injury, which may be paid or unpaid depending on the employer’s policy and statutory requirements.
Return-to-Work Interview	A meeting between an employee and their employer after a period of absence due to illness, aimed at discussing the reason for absence and any required support.
HR Software	Digital tools used by organisations to manage various human resources functions, such as tracking leave requests, scheduling, and employee records.
Cross-Training	The practice of training employees to perform multiple roles or tasks within the organisation, enhancing flexibility in covering absences.
On-Call Workers	Employees or temporary staff who are available to work at short notice, often used to cover unexpected absences or busy periods.
Discrimination	Unfair treatment of an employee based on protected characteristics such as age, gender, race, disability, or religion, which is illegal under UK law.
Employment Law	The body of laws that govern the rights and duties of employers and employees in the workplace, including regulations on leave entitlements, pay, and working conditions.
Dependants	Individuals who rely on the employee for care, such as children, elderly relatives, or disabled family members, often referenced in emergency leave policies.
Statutory Sick Pay (SSP)	A fixed weekly payment that eligible employees receive when they are off work due to illness, as specified by UK law.
Leave Policy	A company’s rules and guidelines regarding the taking of leave, including how and when employees can request leave and the types of leave available.
Workplace Morale	The overall attitude, satisfaction, and outlook of employees within the workplace, which can be affected by how leave requests are managed.