How should employers deal with competing requests for leave over the festive period?
Inevitably, a number of staff will leave it until December to arrange time off over Christmas. Many employers’ leave years coincide with the calendar year. This often exacerbates the problem of staff making last-minute requests to take holiday by the year-end, particularly if there is no automatic right in the organisation to carry over holiday (other than in cases of sickness and maternity).
Priority
No employee has any right to a particular day off, and it’s far better to reach agreement in advance than for a leave request to be refused on the basis that a colleague has already got that day off and has been awarded it on a first come first served basis. Small teams may often be able to sort out the problem themselves. Individuals can discuss their Christmas leave requirements with each other and agree (subject to management approval) which days to have off, ensuring there is continuity of cover in their department.
But what happens if individual requests are made without any agreement having been reached? Who has priority? It’s good practice to ask all team members to submit their Christmas holiday requests before approving any particular request. Factors such as who had time off last Christmas, or during half-term, may be relevant in distinguishing between requests.
Justification
While employers could take into account the fact that one person hasn’t been able to arrange childcare, this is just one factor, and a parent’s request should not automatically trump one from an employee without children. Provided an employer can objectively justify refusing a parent’s request, the decision will not be indirect discrimination. Justification is likely to revolve around the immediate needs of the business or longer-term general employment relations issues (such as other staff having taken/not taken time off last Christmas).
Religion
A request for time off may be backed up by a reference to a religious holiday, particularly if an employee has been rostered to work on Christmas Day. Provided an employer has the contractual right to require staff to work on bank holidays, the position is exactly the same as a request to take off any other working day. However, as a matter of good employment relations, employers will want to do everything they can to accommodate the request, but the needs of the business may prevail. During the festive season, staff may wish to take off working days for other religious festivals, such as Hanukkah. A refusal on the basis that, for example, they work as part of a small team and the day off requested is known to be a particularly busy day for the employer is likely to be justified.
Family
Another classic scenario is a request for time off made by an employee who has already booked their flights, perhaps because they need to travel overseas to see their family. While everyone has the right to take time off (a minimum of 5.6 weeks in each holiday year), this must be on dates agreed with the employer. If the organisation does grant such a request, this would be good reason for other staff having priority on future occasions.
Flexibility
Sometimes, it may be possible to agree some form of flexible working arrangement, rather than reject a request completely. Employers should consider business needs and whether these can possibly be fulfilled with the employee on the end of a telephone, or having access to their emails via a smartphone. This flexibility will generate goodwill but should be kept under review to ensure that staff can deal with issues swiftly and effectively notwithstanding their absence from the workplace.
Finally, employers should always give their reasons for refusing any request for time off so the staff member concerned has a full understanding of them. The employer and the individual can then, if relevant, take this into account the next time a request is made.
Andrew Knorpel is a partner and head of the employment team at law firm Mundays
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