Coping with holiday requests in 2012
This year the Government has moved the spring Bank Holiday to 4th June and has declared an additional Bank Holiday on 5th June to celebrate the Queen’s Diamond Jubilee.
As an employer in the hospitality industry, you may be wondering whether you have to allow staff to take both of these Bank Holidays – a time during which pubs and restaurants are likely to be busy. The other question is if you allow staff time off, whether you have to pay them.
In short, it depends what your employment contracts say. By law, employees are entitled to 28 days paid holiday per year which can include bank holidays. If your employees’ contracts are silent on holiday, then as there is no statutory right to be given Bank Holidays, if you do allow them they can count towards their 28 days entitlement. However, your contracts may well say otherwise.
Many contracts, for example, entitle staff to 30 days paid holiday plus bank holidays in which case staff will have a contractual right to take 4th and 5th June as additional holiday and to be paid for it. There is no statutory right to be paid extra if you do work on a bank holiday, although many contracts will entitle staff to double time.
Cover during the Olympics
You may be experiencing an increase in requests for holiday between 27 July -12 August this year because of the London Olympics. If your pub or restaurant is near an Olympic site and you anticipate increased trade, you may find it difficult if a number of your staff all request time off to watch events. So, do you have to permit all these requests? The answer is no. Under the Working Time Regulations you are able to refuse a holiday request – as long as you give notice of the same length as the holiday. Therefore you must give one weeks’ notice to refuse a holiday of one week, for example.
NB Your contract or staff handbook may give additional rules in relation to holiday requests so make sure you check. If staff take unauthorised holiday or are “off sick” when holiday was requested the matter should be investigated and dealt with in accordance with your disciplinary procedures if appropriate.Click Here To Go Back To The Main News Index >>Disclaimer This site is provided by Kimbells Freeth LLP for general information purposes only and should not be relied upon as a source of detailed legal knowledge. Information was correct at time of publication, but be aware that it is possible that legal points may have been superceded since. Users should seek advice from a suitably qualified solicitor before taking any action based on information contained within this site. Kimbells Freeth LLP disclaims all responsibility for any losses arising from reliance on information contained within this site.