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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

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Lawdit Solicitors offer services and advice for litigation, commercial contracts, Intellectual Property and IT legal agreements. We are experts in commercial law with a heavy emphasis on Intellectual Property, Internet and e-commerce law. Lawdit is a member of the International Trademark Association, the Solicitors' Association of Higher Court Advocates and we are the appointed Solicitors to the largest webdesign association in the world, the United Kingdom Website Designers Association.

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Article Published/Sorted/Amended on Scopulus 2010-02-20 16:38:20 in Legal Articles

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