Know how much holiday to give your staff

Restrictions and notice

Workers must give notice that they wish to take leave. You can agree the notice period with your workers and should set this out in writing. If there is no agreement, they must give notice of at least twice the length of intended leave, and you must reply within the same length of time as the intended leave, eg the worker gives two days' notice for one day's leave, and you must reply within one day. If insufficient notice is given you may refuse the request.

You may restrict the taking of leave. Restrictions will usually be stated in employment contracts, built up from custom and practice, or negotiated with a trade union or employee representatives.

Examples include:

• shutting down for certain periods, eg Christmas
• nominating particular dates when the business closes, eg between Christmas and New Year
• specifying periods when leave may or may not be taken
• capping the amount of leave that can be taken at any one time

If you don't have an agreement for taking leave and you want workers to take all or part of their leave entitlement on certain dates, you must give notice of at least twice as long as the leave period.

Resolve clashes between requests for leave by considering the needs of the business, eg peak season or a quieter period, the individual circumstances or by setting out clear rules for booking leave. It may be helpful to formalise cover for key staff on annual leave.

If you set restrictions on when annual leave can be taken, bear in mind the need to avoid indirect discrimination - see our guide on how to prevent discrimination and value diversity.

Workers can refer to the business' grievance procedures to resolve disputes over the time when they are allowed to take their paid annual leave. If a worker is prevented from taking their full holiday entitlement in a leave year, they can complain to an employment tribunal

Subjects covered in this guide

• Introduction
• Payment for leave
• Public and Bank Holidays
• Restrictions and notice
• Statutory holiday entitlement
• Leave and termination of employment

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