Employers requiring workers to take or cancel holiday

In general, employers already have the right to tell employees and workers when to take, or not to take, statutory holiday under the Working Time Regulations (see page 212). Employers who decide to do this must give workers at least twice as many days’ advance notice as the number of days’ holiday they want workers to take.

Employers can also cancel pre-booked paid holiday. In normal circumstances, this very rarely happens. Employers who decide to do this must give staff at least the same number of days’ notice as the original holiday request. Consultation is important. So is a clear explanation as to why the employer needs the individual to work. The employer must not breach the implied contractual duty of mutual trust and confidence – this is explained further in LRD’s annual guide to employment law, The Law at Work (https://www.lrdpublications.org.uk/lawatwork). In its reps’ guide to the coronavirus, the TUC says “all leave is granted on the condition that the employer is able to support the absence. ... Employers can ask workers to postpone their leave if service delivery is compromised.”

Both these notice periods can be varied by a “relevant agreement” such as an employment contract or through collective bargaining.