We understand that there can often be different expectations when it comes to creating policies for both bereavement and annual leave and it can often be unclear as to what are the legal requirements. In this short blog, I hope to make things clearer! However, as with all things involving people’s personal lives, the key to success is clear and timely communication in order to achieve a mutually satisfactory outcome that works for all parties.
Annual leave
Entitlement
The minimum requirement for annual leave in the UK for a full-time worker is 28 days a year. This figure can include bank holidays as well. It is split as 20 statutory leave days and eight additional leave days. An employer can insist you take annual leave at certain times of the year (usually this means for bank holidays and a week or so around the new year). There is no entitlement for anyone to take all the bank holidays off and an employer would be within their rights to refuse to allow certain dates to be taken.
Pay
An employer must pay an employee for all the minimum holiday entitlement when taken. There is no obligation to pay an employee in lieu of unused holiday with the exception being the cessation of an employment contract.
Cancellation of holidays
From an employee perspective there is no requirement for an employer to accept the cancellation of annual leave once it has been approved. On the other hand, an employer can cancel an employee’s annual leave, but must give a notice of at least the same number of days being requested (i.e. for annual leave of a week, a week’s notice must be given).
If an employer cancels a period of leave without a clear business reason and without compensation, resulting in an employee being unable to go on a booked holiday and suffering a financial loss, this may give rise a case for constructive dismissal on the basis of implied duty of mutual trust and confidence.
Right to refuse
Working regulations 1998 allow employers to refuse a request to take annual leave, usually on the basis that it would cause disruption in the workplace. This means that an employee should get any annual leave approved before booking any holidays.
Bereavement leave
Entitlement
There is very limited entitlement in statue for this. However, time can be taken off work to deal with an emergency involving a dependant (i.e. a spouse, partner, child, grandchild, parent or anyone else who depends on that employee for care). There is no set amount of time, as long as it is “reasonable.” An employee must tell an employer as soon as possible that there is an emergency - and also how much time is likely to be required off work.
There are no frequency limits (i.e. maximum number of times an employee can do this), however if persistent need to take emergency leave is affecting your/the business’s work then this may need to be addressed.
Pay
There is no requirement for an employer to pay an employee for this time.
Exceptions
If an employee was aware of the situation beforehand such as a hospital appointment with reasonable notice, then there would be no entitlement under ‘Time off for family and dependants.’
Callum McKinnon, M&S Accountancy and Taxation