Can my company legally decline my holiday request?

Question

Hi,

I need to book a date off for my wifes birthday, my boss has said I can't have it as it only leaves one man in the office.

Are they legally entitled to do this?

Thanks in advance.

Answer 1

If you have given your employer the right notice of holiday, you are generally entitled to take it.

However, under certain kinds of agreement between you and your employer, they can refuse your request for holiday.

They can also refuse your request for holiday if they have given you the proper notice of their refusal.

However, if your employer has not given you proper notice of refusal but still refuses to let you go on holiday, you can claim compensation at an employment tribunal. You should raise a written grievance with your employer first.

If your employer refuses your to take holiday at a particular time, you should seek the help of an experienced adviser, for example, at a Citizens Advice Bureau.

Answer 2

Yes they can tell you when you may take holidays. For example they could say that all holidays must be taken in blocks of 1 week only with no odd days. They must ensure that the cover left is sufficient for the needs of the business. Ask your boss what single date you may have either side of the birthday date and then he will have to answer you. Ask if you can have a half day instead. Your contract of employment should clarify this point. If it doesn't ask for a new one with an amendment to cover this eventuality. As an employer in the past I can sympathise with your boss and you as he is responsible for the efficiency in the department and you would like to spend a day with your wife. Under these circumstances I would let you have the time off and without losing your holiday days and get you to make it up. There you are, I was a good and understanding boss and making a compromise enabled me to not only get the best from my employees but also a lot of loyalty. I only had to ask for a few hours unpaid overtime from them and they fell over trying to help me. Best of luck and wish her a happy birthday for me.

Answer 3

Of course they can, holidays being authorised are always treated as discretionary, the point is to get in first with requests, you know when your wife's birthday is, so should really book that as soon as the holiday bookings are being take for the following year.
If you swing the lead and take a sickie on this day, you'll be likely for a firing!

Answer 4

Yes they can. Adequate levels of staffing have to be maintained at all times - when ever possible there HAS to be least 2 people in the office (in case 1 is taken serious ill, the other to raise help).

Answer 5

Yes, if it is going to impact the business in what is deemed to be a negative way, meaning there are not enough people there to do the job to the standards that are expected. This is at the manager's discretion.

That being said they need to have enough people to operate when people are sick and on va-ca.

Ask them if they have a policy you can see.

Answer 6

If it says in your contract that holiday leave has to be agreed with management or says something to the effect that leave is dependant on operational requirements, then yes. Check your contract.

Answer 7

Check your agreement
Some times it is mentioned that you company can readjust the date of your vacation according to the work load.
Other wise if the your vacation are due they cannot stop you.

Answer 8

if you are in the UK, yes they can, if your request interferes with the business as it seems it does in this case.

Answer 9

Yes they can.