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Ben Jones
Ben Jones, UK Lawyer
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. As an employer can I insist that holidays are booked for

Resolved Question:

Hi. As an employer can I insist that holidays are booked for the full year, in advance.
Regards Ruth
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Do you want to nominate the days they take off?

Customer:

I want them to nominate the dates they wish to take as holiday in advance for the year.

Ben Jones :

is that stated in their contract

Customer:

no

Ben Jones :

ok let me get my response ready please, I will revert on here within 10-15mins

Ben Jones :

You can make it a contractual requirement that employees do so but if this is not in their current contracts then you will need their consent to introduce that new policy. If they refuse to accept this then you can rely on the Working Time Regulations, which give you certain rights as an employer, although you cannot force them to nominate their leave for the full year ahead. What you can do instead is one of two things:



  • You can nominate the days they take yourself – you can do so by giving them specific notice of the days you want to be taken as annual leave. The notice must be at least twice as long as the leave to be taken. So let’s say that you want an employee to take 5 days at a specific time, you must advise them of this at least 10 days before the leave is due to be taken The employee would then be required to take these days at the time you have requested.

  • If the employee decides to nominate the days themselves but you are not happy with the days they have chosen, you can reject their request as long s you give them notice that is at least as long as the leave they have chosen. So using the same example as be, if an employee has decided to take 5 days off at a specific time, you can tell them they are not allowed to take that leave as long as you tell them at least 5 days in advance. It then means that they will not be allowed to take their chosen leave and they will have to nominate new dates which you agree with or you can use the right to nominate the days yourself as mentioned above.


Customer:

Thank you. That is very helpful.

Customer:

We are a small charity only employing one person. I have just taken over the role of admin. I cannot find an employment contract for this person and she says she does not remember having one. How can I go about drawing up a contract and is there anywhere that I can get advice on how to do this properly.

Ben Jones :

there are plenty of templates available online, for example a useful tool for creating a contract can be found here:

http://www.lawdepot.co.uk/contracts/employment-contract/?loc=GB#.VPbs4PmsV8F

Customer:

Thank you I will take a look.

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46182
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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