Employer refusing all holiday requests

Hello there! I am Gemma, a legal assistant at Lawyer Destroyer. I would be happy to help explain where you stand regarding your holiday requests.

The short answer:

No, your employer cannot refuse every single holiday request you make. While they have the right to say no to certain dates, they are legally required to make sure you can take your statutory annual leave over the course of the year.

The legal position:

Almost all workers in England and Wales are legally entitled to at least 5.6 weeks of paid holiday a year. Because this is a health and safety right designed to ensure you get adequate rest, your employer must allow you to take it.

Your employer is legally allowed to refuse a specific holiday request depending on the needs of the business, such as during a particularly busy period or if too many staff are already off.

If they do refuse a request, the law says they must give you enough notice. The notice they give must be at least as long as the holiday you asked for. For example, if you ask for two weeks off, they must tell you no at least two weeks before your holiday was due to start.

However, they cannot keep refusing your requests to the point where you are completely prevented from taking your legal holiday entitlement before the end of your holiday year. Recent updates to employment law also make it clear that if your employer has actively prevented you from taking your statutory leave, you may be legally entitled to carry it over into the next year.

Things to check before taking action:

1. Your employment contract. Have a quick look at your contract or staff handbook. It should tell you when your holiday year starts and ends, and explain the proper company process for booking time off.
2. Any specific restrictions. Some businesses have written rules about busy peak periods where nobody can take time off, such as an accounting firm in April or a shop in December.
3. How much time is left. If you are nearing the end of your holiday year, the urgency to get this sorted is much higher, as you need to make sure you do not lose your entitlement.

Practical next steps:

1. Have an informal chat. Often, a quick and polite conversation with your manager is the best place to start. Explain that you need a break and ask them when it would be convenient for the business for you to take your leave. This shows you are trying to be flexible while also making it clear you need to use your allowance.

2. Put it in writing. If talking does not help, write a polite email to your manager or human resources department. List the dates you have previously requested, note that they have all been refused, and ask them to suggest alternative dates when you can take your legally entitled leave. Keeping a written paper trail is very helpful if things drag on.

3. Raise a formal grievance. If they are still completely refusing to let you take any time off, you can use your employer's formal grievance procedure. This forces the company to officially investigate your complaint, hold a meeting with you, and give you a formal outcome.

4. Contact Acas. If internal processes fail, your next step is to speak to Acas, which is the independent workplace relations body in England and Wales. They offer a free Early Conciliation service to help resolve disputes between you and your employer without going to an employment tribunal.

5. Employment Tribunal. As a very last resort, if your employer simply will not allow you to take your statutory holiday, you could bring a claim to an Employment Tribunal. This can be stressful, slow, and will likely strain your working relationship, so it is usually best to try to resolve things through the earlier steps if at all possible. Tribunals also have strict time limits, usually three months less one day from the date you were refused your right to take the leave.

Please let me know if you need help with what to write in an email to your employer or if you have any questions about any of the steps above!