Madison has experience dealing with both contentious and non-contentious employment law matters. Madison advises a range of employers across various sectors on all aspects of employment law. Madison’s practice area includes advisory work and corporate transactions.
Stay ahead of the curve with our exclusive Q&A series, brought to you by leading law firm, Arthur Cox, LLP, designed to answer your most pressing legal questions. These expert insights provide clear guidance to ensure your HR practices remain compliant and protect your organisation.
This month's question:
"Can an employer refuse annual leave during a busy period?"
An employer can refuse a holiday request as per Regulation 18 of Working Time Regulations (Northern Ireland) 2016, for example during busy periods or where minimum staffing levels must be maintained. Employees do not have an automatic right to take annual leave whenever they choose. Instead, the law gives employers a degree of operational flexibility to manage staffing, workflow and business continuity.
Where an employer wishes to refuse a request, they must give the required notice. An employer who refuses a period of booked leave must give notice that is at least equal to the length of the leave requested. For example, if an employee requests two weeks' leave, the employer must generally give at least two weeks' notice of the refusal. Regulation 15 of the Working Time Regulations (Northern Ireland) 2016 expressly permits employers to refuse requests for annual leave on particular dates, provided the correct notice is given.
An employer's discretion to refuse annual leave is not unlimited. Refusals must comply with the terms of the employment contract and any applicable holiday/annual leave policy. Where contractual provisions set out specific approval processes, notice requirements, criteria for decision-making, or other restrictions on refusal, an employer who fails to follow those provisions may be in breach of the policy and procedure. Where a contract specifies different notice requirements from those contained in the Working Time Regulations (Northern Ireland) 2016, those contractual provisions will generally apply.
Although employers can refuse leave at a particular time, they cannot prevent employees from taking their statutory annual leave altogether. By law, workers must be able to take their full statutory holiday entitlement during the leave year. Accordingly, an employer must ensure that workers have a genuine and realistic opportunity to take their statutory leave. Repeated refusals, or a pattern of delaying leave requests so that leave cannot practically be taken before the end of the leave year, may amount to a breach of the Working Time Regulations (Northern Ireland) 2016.
This article was provided by Madison Bowyer, an Associate in the Employment Law Group at Arthur Cox NI.
T:+44 28 9026 5886
E: Madison.bowyer@arthurcox.com
https://www.arthurcox.com/
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