Employers entitled to refuse last minute holiday requests

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11 February 2010
Corinne Day
An employer can refuse an employee's request for holiday leave
if the employee has not given his or her employer the required period of notice.
Employees requesting statutory holiday must give notice of
either 1) double the length of their holiday or 2) the period prescribed by
their employment contract. Where an employee fails to give the required notice,
the employer can refuse the request.
The Employment Appeal Tribunal (EAT) has even held that this is
so even if the request is made at the end of the holiday year so that the
employee loses his untaken entitlement.
The EAT also noted that the working time legislation allows
employers to refuse requests even if made with sufficient notice, but that
refusals must not be unreasonable, arbitrary or capricious.
For further information please contact Corinne Day via email
on corinne.day@lawdit.co.uk
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