Holiday requests and booking procedures

The Working Time Regulations 1998 broadly speaking state that both an employee and an employer should give twice as long notice as the period of holiday requested by the employee or required by the employer. So, if five days’ leave is requested, the employee should give 10 days’ notice. The regulations also permit organisations to set out their own procedures regarding the length of notice required from an employee prior to booking holiday leave.

In relation to an employer refusing a holiday request, the regulations merely state that an employer should to do so as soon as possible before the holiday is taken. Holiday requests may be declined due to operational needs and alternative dates offered. A typical example of when this may be necessary would be where a number of employees or team members have already booked time off on those dates.

The regulations also permit an employer to stipulate (within reason) when holiday can be taken. Employers could not, for example, say that holidays can only be taken on Saturdays, but could encourage employees to take them during quieter times.

Booking procedures

Organisations may outline how a holiday must be booked, for example, by completing a form or using an online system having obtained prior approval from a line manager or supervisor.

The position may vary depending on the needs of the otganisation, its operational requirements and the provisions for leave contained in the contract of employment and staff procedures. All relevant provisions and procedures should be highlighted to employees in their induction and reinforced in the early days of their employment.

Consecutive dates

For business reasons, some organisations may restrict the number of consecutive days' holiday which can be taken by staff. On the other hand, some organisations, particularly financial institutions, often require that at least two weeks' consecutive holiday is taken.

Holiday accruals

Employee holidays accrue from day one; however, the time at which an employee can start to take their holidays will depend on what is stipulated in the contract of employment, i.e. after one or three months of service.

During other forms of leave such as Ordinary Maternity Leave (OML), Additional Maternity Leave (AML), Ordinary Paternity Leave (OPL), Additional Paternity Leave (APL), Adoption Leave (AL), Shared Parental Leave (SPL) and sick leave an employee's annual leave entitlement will continue to accrue.

Employers need to be aware that annual holiday entitlement also accrues during other periods of absence, such as garden leave or a period of suspension during the course of an investigation or disciplinary process, but organisations can state in the contract of employment (or other document stated to have contractual effect) that holiday accrued during these periods is taken during the garden leave/suspension.

Shutdown periods

Employers may stipulate in the contract of employment that a specific amount of holiday entitlement must be used to cover a shutdown period, i.e. a summer or Christmas shutdown period.