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