To grant leave or not to grant leave
Set in the heart of Somerset, the charmingly quaint village of Cannington lies on the bank of the River Parret. The village is famous for the Battle of Cynwit, which took place in 878, and it is also home to the grandiose residence that is Gurney Manor. Complete with five bedrooms, four fire places, a private chapel and a partridge in a pear tree, the 13th Century, Grade I listed building – lovingly restored and maintained by The Landmark Trust – provided the ideal setting for a week of relaxation, indulgence and merriment with a group of friends in such beautiful surroundings.
Russell HR Consulting is a busy HR practice, and it’s been a long, grey winter so I really appreciated the opportunity to take time out with friends, spending the last week cooking, baking, crafting, walking and generally enjoying the finer things in life without the distractions of the modern, Western world (internet, satellite television, a mobile phone etc.).
As employees, we are entitled to take paid annual leave from our place of employment. The Working Time Regulations give workers the right to 5.6 weeks of statutory paid holiday. However, it is this right to paid holiday, particularly in relation to when in the financial year those days of annual leave have been requested, that remains the most contested part of the legislation. A relatively recent case highlights the types of disputes, which can arise when dealing with holiday requests.
Mr Lyons worked as a security guard for Mitie Security Ltd. and requested payment on 6th March 2008 for six, unused days of holiday before the company’s holiday year ended on the 31st March. On 1st April 2008, Mr Lyons discovered that he had not been paid for the holiday and raised a grievance. His employer said that as his request for the holiday was made on the 6th March, they had not been given the necessary four-week’s notice as outlined in Mr Lyon’s contract. Mr Lyon’s employment contract prohibited any carry- over of holiday, and as the company was unable to pay annual leave whilst he was still working, he would lose his holiday pay for that period. Mr Lyons resigned and lodged a number of claims, including one for unpaid holiday.
The case was heard by the Employment Appeal Tribunal. In the EAT’s opinion, the right to statutory leave was not absolute because there are statutory conditions placed on annual leave requests, which can be subject to contractual variation.
An employee who, towards the end of a leave year, asks to take outstanding holiday before the end of the leave year can have his request refused on the basis of staffing requirements within the business, even if that means he will lose some holiday entitlement. This will, however, be subject to the contract of employment.
Employers should ensure that contracts expressly state that holiday requests are subject to the needs of the business and may be refused. However, any unreasonable rejection of a holiday request may potentially lead to a claim for constructive unfair dismissal, particularly if this results in leave being lost.
Russell HR Consulting provides expert knowledge in the practical application of employment law. We have also published Off the Sick List!, which provides a detailed guide for employers on how to turn employee absence into attendance. Visit our website: http://www.russellhrconsulting.co.uk/ for further details.
By Darry Khajehpour