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ARTICLE · 17 DECEMBER 2015

Competing Requests For Christmas Holiday?

Christmas is a time when many employees want to take their annual leave, whether it is for religious or childcare reasons or simply so that they can indulge in mince pies and sale shopping.

United KingdomEmployment and HR

Christmas is a time when many employees want to take their annual leave, whether it is for religious or childcare reasons or simply so that they can indulge in mince pies and sale shopping. How should you deal with the barrage of holiday requests from employees all wanting the same period off work?

The Legal Position

Firstly, there is no right to take annual leave on a public holiday (for example, on Christmas Day, Boxing Day or New Year's Day), unless the employer has created a contractual right to do so. Secondly, just because a holiday request is made, it does not necessarily follow that it must be accepted by the employer.

That said, there can be complications. If the employee is requesting the day off for religious observance, they might allege that they have been indirectly discriminated against if their request is refused. The same argument could apply to a female employee who submit a holiday request for childcare reasons. To avoid such a claim

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