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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 63508
Experience:  Qualified Solicitor
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I have a question regarding Holiday pay, we have a number of

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Good afternoon - I have a question regarding Holiday pay, we have a number of employees who havent used all their holiday entitlement for the year. Is the Business allowed to buy back the employees holiday from them, as If they now all booked a holiday it would be detrimental to the Business?
JA: Have you discussed this with your HR staff? Or with a lawyer?
Customer: No we are a small company and I am the HR Manager!
JA: Is the relevant person an employee, freelancer, consultant or contractor? Does the person belong to a union?
Customer: Employee and no they dont belong to a union
JA: Anything else you want the Lawyer to know before I connect you?
Customer: How much will this advice cost, please?
JA: The Expert's answer will cost $10 to $100, depending on the issue type and time to respond. You'll see the exact amount on the next page and can decide then. It's way less expensive and more convenient than any face-to-face visit.
Customer: Ok thank you - iwill need to get authority first and then get back in touch

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. I may also need to ask some questions to determine the legal position.

Customer: replied 18 days ago.
ok thank you

So how do you propose to do this exactly and why haven't they taken their annual holiday entitlement?

Customer: replied 18 days ago.
Hi good question the company has been very busy and they havent taken holiday owed to them.
they are paid a daily rate so I was proposing to add the days to this months pay run?

Thank you. I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Customer: replied 18 days ago.
ok thanks

Many thanks for your patience. The first thing to consider is that you, as an employer, have the legal right to refuse a holiday request by an employee. Therefore, if you have a number of employees all wishing to take their holidays at the same time, you can reject as many of these as necessary to ensure that the business is not adversely affected.


If that means that some employees cannot take their full holiday allowance before the end of the holiday year, then the following considerations would apply:


A recent European case confirmed that in these circumstances the employee does not lose their entitlement to leave and the employer will have an obligation to remind them that they have the outstanding leave in place. If the employer reminds the employee but the leave remains untaken, they may lose it, but if the employer does nothing and the leave is not taken, the employee should be able to carry it over.


However, that does not mean an employer can unreasonably refuse holiday requests over the whole holiday year and deliberately prevent someone from taking holidays at all. The tribunal said that employers should not exercise their right to reject holidays unfairly. If there are legitimate reasons for refusing holiday requests they may do so even if the employee ends up losing part or all of their annual holiday allowance, but if rejects are being rejected indiscriminately or deliberately, that would be unfair.


You could still come to an arrangement that whoever has not taken their full allowance this year because you could not approve it due to other requests at the same time, you would allow them to carry it over, but for next year they should not leave it that late or they would lose it.


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