Quick takeaways
- Employers may refuse a leave request or require you to take annual leave, provided the notice period has been followed.
- Although there is no legal right to Christmas Day off, you are entitled to request it.
- Implementing fair, clearly documented systems, along with using a leave management system like Leave Dates, can help reduce holiday clashes and avoid difficult situations.
The Christmas and New Year period can cause a bottleneck of leave requests for many UK businesses.
Many people are competing for the same time off, due to family commitments, travel and workplace closures. Whether you’re an employee trying to lock down that time off or a manager trying to juggle requests and avoid awkward conversations, here are some answers to the most common Christmas leave questions people ask.
Can employers refuse a Christmas leave request?
In short, yes. Under the Working Time Regulations 1998 an employer can refuse a request on the basis of genuine business needs.
An example of a business need is the requirement for additional staff during peak trading periods. During the Christmas season, this is common for industries such as retail, hospitality, and freight.
Employers must follow a fair process for refusing time off, and rules should be applied fairly and consistently.
Do employees have a right to time off at Christmas?
Not automatically. Although Christmas Day and Boxing Day are bank holidays in the UK, there is no specific right to receive those days off.
In the UK, employees are entitled to a minimum of 5.6 weeks of paid annual leave, equivalent to 28 days for a full-time employee or the pro-rata equivalent for a part-time employee. When leave can be taken is dependent on the employer’s policies and at their discretion.
If your company is closed over the Christmas period, those days may be deducted from each employees annual leave allowance.
How much notice do I need to give for leave?
In the UK, your notice period is generally twice the amount of time you are requesting, plus one day. For example, if you are requesting one day off, you must give three days’ notice.
Employers can set longer notice periods, so it is essential to review your employment contract or employee handbook carefully.
Can employers force employees to take annual leave at Christmas?
Yes, if this is the employer’s policy. Many businesses close during the Christmas period, and some also close into the New Year.
Employers may require staff to use some of their annual leave allowance during this time, but they are required to give staff a notice period of double the amount of time off being enforced, plus one day.
What if multiple staff want the same days off?
Employee holiday clashes can be difficult for managers to resolve without a clear policy and a leave management system in place.
In our guide on the fairest way to manage holiday requests, we outlined a few options:
- Approving requests on a first-come, first-served basis.
- Giving different staff priority each year on a rotating basis.
- Employers could also prioritise employees based on their personal situation. This approach should be managed carefully to avoid discrimination or other issues.
Team cover requirements are the most essential factor, ensuring that the staff you require are available. Using Leave Dates, you can eliminate awkward conversations by creating leave limits ahead of time.
Do employees receive extra pay for working on Christmas Day?
In the UK, there is no statutory right to enhanced pay for working on Christmas Day. These entitlements must be included in an employment contract or union agreement to be applicable.
Some employers will, at their discretion, offer enhanced pay or time off in lieu to staff to incentivise cover during the Christmas period or other holidays.
What if I’m sick over Christmas when I am on annual leave?
If you are sick during your Christmas leave, you may be able to claim those days as sick leave. In this case, the days you are ill will be restored to your annual leave entitlement.
We recommend that you follow your company’s sick leave reporting procedure and provide a fit note or any other required evidence, particularly for long absences.
Can my employer cancel my approved annual leave?
Yes. Unfortunately, employers sometimes find themselves having to cancel approved leave and can only do so for genuine business reasons. This is allowed in the UK as long as you are given as much notice as the length of leave, plus one day.
For example, if 10 days of leave have been approved, your employer must give you 11 days notice if it is being cancelled.
Final thought
The festive season is a difficult time to balance work and rest. While laws in the UK establish a blueprint for annual leave, the specifics are often determined by employer policies and procedures.
For employees, understanding your contract and employer policies is the best step toward securing your ideal days off. Be sure to plan early and submit requests with plenty of time to spare.
Managers must ensure that they are clear and consistent when implementing leave policies, particularly during periods that typically attract a high volume of leave requests.
As always, clear policies, good communication and using a top leave management system like Leave Dates to manage requests, approvals, and scheduling will ensure that the holiday season is enjoyable for all.
After all, Christmas is a time to be merry, not buried in admin.
The information in this article is general and may not apply to specific circumstances. It should not be considered legal advice. We strive to provide accurate information, but cannot guarantee its accuracy. We are not responsible for any losses resulting from reliance on the information on this site.
