Is my boss allowed to refuse my holiday request? What are my rights to paid leave?
By law you should get 28 days a year of paid leave, but just because you are guaranteed holiday doesn't mean you can take it when you want
NEARLY everyone in the UK is entitled to 28 days paid leave including bank holidays a year, but what happens when your boss turns down your holiday request?
Here are you rights when it comes to taking paid holiday.
Many of us will be thinking of taking time off from work in the next couple months.
But, your boss can deny you time off at certain times of year of if there is just too much work on.
If you know your rights when it comes to holiday it makes it more likely that you will be able to take leave when you want to.
Here is when your boss can deny you leave and how to make it easier to get the holiday you want.
When can your boss deny your holiday request?
Just because you are legally entitled to 28 days worth of holiday doesn't mean you can always choose when you take it.
You can figure out how many days holiday you are entitled to by taking the amount of days a week you work and multiplying that number by 5.6.
So for many, it would be five (the number of days you work each week) by 5.6 which equals 28.
Your boss can force you to take holiday at certain times of year like Christmas and New Year or bank holidays when your workplace may be closed.
There can also be seasonal restrictions on when you can take time off, for instance if you are being forced to take time off at Christmas you might not be able to take time off during advent.
Companies can also set limits on how many days in a row you can take off to stop just taking a whole month off at once.
As well as official policies you may have to be faster than your colleagues to book time off.
If you work in a small company or a smaller department within a larger company there may be restrictions on how many people can be off at one time.
So make sure you book that week of sun off before everyone else does.
If you work in one of the following professions you should get expert advice on when you can take holiday as you may have special requirements.
- Trainee doctors
- Members of the armed forces
- Police
- Firefighters and coastguards
- Workers in inland waterways
- Lake transport workers
- Sea fishermen
My boss won't let me take any of the dates off that I have suggested?
HERE is what to do when you feel you are being denied holiday
Talk to your colleagues: See how much time off the people you work with have taken off as well as how far in advance they let their boss know they were going to take time off.
See if they got similar treatment or if you are being unfairly treated.
Have a chat: Have an informal conversation with your boss about why you can't take certain dates off.
Explain why you need the time off and if you feel it is necessary take a member of your trade union along with you.
Go to higher up: If you still can't agree dates you need to speak to senior management about the issue.
Launch an official complaint: At this point you need to make an employment tribunal claim.
You have a statutory right to your holiday and if you feel that is being infringed upon you can go to court.
Before you make a claim you need to talk to the Advisory, Conciliation and Arbitration Service (Acas). They will try one last time to reconcile the issue, and if that fails they will give you guidance on how to make an employment tribunal claim.
Rachel Suff, senior employment relations adviser at the Chartered Institute of Personnel and Development said: "Holiday entitlement should be set out clearly in an employee’s contract of employment, and organisations should also have a policy to set out the procedure for applying for annual leave, such as individuals giving as much notice as possible when requesting it."
"providing workers give enough notice that they wish to take annual leave of typically at least twice as long as the period of leave requested, then the employer would need to have a good reason for turning down a request."
"Taking annual leave should be a process that is mutually agreed and reasonable for both the individual and the employer."
"Individuals must understand that some organisations have seasonable peaks when taking leave is difficult, but at the same time organisations must be understanding about non-work commitments and be as flexible and accommodating for requests as much as possible."
More on money
What can I do to improve my chances of getting my holiday approved?
As a general rule you need to give your boss a notice period of twice the amount of time you are taking for your holiday.
So if you are taking two weeks off you need to tell your boss a month in advance.
Speak to your boss and see if you can figure out a time that you can take off that will benefit both of you.
If your dates clash with a busy time of year for your business, try and book to be off during a slow work period.
A request for time off should be exactly that, a request.
Don't assume that your time off is a done deal, be flexible and willing work around what your work requires.
Here is how to figure out how much holiday you are entitled to and double your annual leave in 2018.
Brits waste six days of their annual leave on household chores, going to the doctors and waiting for deliveries.