Lawyer Esyllt Green offers guidance on common queries, from unauthorised absence to getting ill on holiday
Multiple holiday requests
In the weeks before the summer holidays began, requests for annual leave undoubtedly started to pile up. As it is impossible to grant every employee their holiday at once, an employer can refuse leave, if business demands, under the Working Time Regulations 1998. However, to avoid any disputes, holiday requests should be treated equally and in a fair manner. First, ensure staff clearly understand the administration process of holiday requests. Employers could grant employees annual leave on a first come, first served basis, or adopt an open-book approach, where all staff can submit their requests openly for agreement in advance.
Unauthorised absence
Often an employer that has refused leave to an employee, for whatever reason, may find that the employee in question calls in sick during their refused leave period. Suspicions may be aroused but it is important not to handle the situation impulsively.
Instead, investigate the absence according to procedure and conduct an interview with the employee on their first day back at work. This way, you can analyse the situation and its veracity. Depending on the reason for absence and the truthfulness behind it, it can then be decided whether it’s appropriate to take disciplinary measures.
Falling ill while on holiday
Employees may fall ill during their annual leave and are consequently unable to enjoy their holiday. In this scenario, they can request their holiday period be re-credited to them according to European case law. It is therefore vital for employers to consider procedures to avoid any abuse of this rule. Following the usual absence reporting requirements – for example, providing a medical certificate and note from their GP, and notifying their manager on each day of absence – may reduce the risk of staff taking advantage of this rule. However, if there seems to be a genuine claim of illness that prevented employees from taking their time off, employers are encouraged to re-credit the period of holiday and consider that time to be carried over to the next holiday year if necessary.
Late return from holiday
Delays in traffic or other travel disruptions may lead to employees arriving back to work late or on a different date altogether. In such cases, employers should look at the employee’s handling of the situation and if they kept their manager up to date. If it becomes clear that they have made irresponsible arrangements (for example, booking a return flight to land on the same day as the first day back at work) then it may be necessary to follow disciplinary procedures.
Esyllt Green is an employment lawyer at London and Cardiff-based firm Capital Law