Can I force my employees to take annual leave?

As vaccine programmes continue in the UK and the rest of the world, many people are no doubt excited by the possibility of taking a holiday abroad this year.  However, employers should be cautious that employees don’t save up their holiday days and then all request annual leave at once when travel restrictions are lifted. Similarly, it is important that employees are encouraged to take their holiday entitled during the year to reduce the risk of burnout.  Our Employment Law team discusses what employers can do to avoid the unfortunate scenario of being left short staffed or forced to refuse annual leave requests.  

Importance of employees using their holiday entitlement

Annual leave is important for employees’ physical and mental health, and allows them to return to work relaxed and recharged. Employees who fail to take adequate breaks may experience burnout or a lack of motivation and this may contribute to a decrease in workplace productivity and employee morale.

The switch to homeworking over the past year and a half may have also increased the risk of employee burnout by blurring the lines between work and personal time and by making it more difficult for some employees to ‘switch off’ at the end of the day. Reduced supervision will also make it more difficult for managers to spot the signs of poor mental health and workplace stress. It is therefore just as important for employees to be encouraged to take annual leave. 

Am I able to force my employees to take their holiday?

Employees may be reluctant to take holiday because they fear falling behind in their work or because they would rather wait until travel restrictions have been lifted so they can use the time to go abroad. If you are worried about a backlog of unused annual leave, you have the right to tell your employees exactly when they must take their holiday. You must give the employee notice that is at least twice the length of the annual leave you are requiring them to take. For example, if you want your employee to take two days’ annual leave, you must give them at least four days’ notice.

Telling your employees when they must take their annual leave will help reduce a backlog of accrued annual leave, but it may also hurt your relationship with your employees, so it is vital that you approach this in the right way with your workforce.

How can I encourage my employees to use their holiday entitlement?

If you do not wish to mandate the exact days when employees must take their annual leave, there are other strategies you can use to encourage them to take a break, such as:

1. Remind employees of their remaining annual leave entitlement and of the importance of taking time for rest and recuperation. If an employee has a fairly large amount of annual leave remaining, you or their line manager may want to meet with them to see why this is. It may be that their reluctance to take holiday reflects a more serious problem, such as an unmanageable workload or poor time management.
2. Managers should also lead by example when it comes to taking time off. If managers are constantly seen to be working outside of usual hours and never taking time off, this can create a perception that all employees are expected to do the same. Managers should take holidays themselves, and ensure they keep reasonable working hours.
3. Rather than prescribe the exact days when employees must take annual leave, you could ask employees to take a certain amount of holiday by a certain time. You should also remind employees that the need to maintain adequate staffing levels means that there is a chance their annual leave requests will be denied if everyone requests holiday once travel restrictions are lifted. Remind them that it is better to take some time off at home than miss out on their full holiday entitlement.  
4. You should also be sure that you have systems in place to keep track of each employee’s annual leave entitlement, and that you have a clear policy in place on how requests will be received and approved.

Managing annual leave requests appropriately is crucial, not only for the sake of the business and productivity but also for the welfare of your employees.  To discuss handling annual leave requests or to have your questions answered about annual leave entitlements contact our Employment Law Team today on 023 8071 7717 or email employment@warnergoodman.co.uk.

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ENDS

This is for information purposes only and is no substitute for, and should not be interpreted as, legal advice.  All content was correct at the time of publishing and we cannot be held responsible for any changes that may invalidate this article.