Timing of holidays
[ch 9: pages 180-181]In the first year of work, workers must accrue statutory holiday month-by-month before they can take it.
Employers can make rules about the timing of holidays. They are usually found in the statement of employment particulars or a holiday procedure. For example, there can be a rule requiring holiday to be taken during a Christmas “shut down”.
Under the WTR, the employer must give twice as much notice in advance of the earliest leave day as the number of leave days to be taken. For example, four weeks’ notice is needed for a two-week Christmas shutdown.
Workers must give notice at least twice the length of the holiday they want to take. This requirement can be varied by the employment contract or through collective bargaining. Any conditions must not be unreasonable or make it too hard for workers to take their holiday (Lyons v Mitie Security [2010] UKEAT/0081/09).
An employer can ask for holiday to be deferred as long as they tell the employee in advance, giving notice at least as long as the holiday requested. Shorter notice can be given if a “relevant agreement” allows this. A contract term requiring an employee to take holiday during the notice period can be a “relevant agreement” (Industry & Commerce Maintenance v Briffa UKEAT/0215/08/CEA).