Labour Research August 2007

Law Queries

Holiday

Q: I booked my holiday weeks ago after agreeing it with my manager, but now she says I can't take the time off as we are too busy and short-staffed. Can she do this?

A: The rules on statutory holiday entitlement are set out in the Working Time Regulations 1998 (WTR). Regulations 15(2) and 15(3) do allow employers to refuse to let a worker take holiday when s/he wants it, by giving counter-notice. The length of the counter-notice must be at least the number of days requested as holiday; for example, if you have asked for two weeks' holiday, your employer must give you at least two weeks' notice that you cannot take your holiday on the dates you requested.

Note that the WTR are the fallback position; you should check whether your workplace has a separate agreement that sets out different terms relating to holiday.

Any contractual holiday (over and above the four weeks' statutory minimum) will be subject to any rules set out in your contract.