Annual leave is a statutory entitlement — employers can manage when you take it, but they cannot prevent you taking it at all.
The Notice Rules for Leave and Refusal
| Action | Minimum notice required |
|---|---|
| Employee requests leave | Twice the length of leave requested (e.g. request 5 days, give 10 days’ notice) |
| Employer refuses leave | At least the length of the leave requested (e.g. refuse 5 days, give 5 days’ counter-notice) |
| Employer requires you to take leave on specific dates | Twice the length of leave (e.g. to impose 5 days, give 10 days’ notice) |
Your employer can modify these notice rules in your contract or staff handbook — and many do.
Common Reasons for Leave Refusal
Legitimate refusal grounds include:
- Busy seasonal period (retail in December, accountancy at year-end)
- Staff shortage due to other approved absences
- Critical project deadlines
- Minimum staffing levels required by regulation or client contract
An employer cannot refuse leave purely to prevent you taking your entitlement — and definitely cannot refuse all requests throughout the year.
Bank Holidays: What You Are Entitled To
| Contract wording | Entitlement |
|---|---|
| “X days plus bank holidays” | Bank holidays are additional; you take them off |
| “X days (including bank holidays)” | Bank holidays come from your allowance |
| Working shift patterns | Pro-rata bank holiday calculation applies |
| Required to work bank holidays | Employer must give a day off in lieu or enhanced pay, per contract |
Protecting Unused Leave
If you cannot take leave because of repeated refusals:
- Keep records of every refused request (in writing)
- Ask your employer what dates they would permit you to take leave
- If they cannot point to any acceptable dates within the leave year, raise a formal grievance
- On leaving, claim pay in lieu for any entitlement lost due to the employer’s unreasonable refusals
When an Employer Cannot Refuse Annual Leave
While employers can generally refuse annual leave requests for operational reasons, there are situations where refusal is not lawful:
- Statutory entitlement must be taken in the leave year — employers cannot refuse all leave requests in a way that prevents you from taking your statutory 28 days in the year. If they attempt to deny leave in a way that would prevent you taking any statutory leave, they are in breach of the Working Time Regulations
- Carry-over if refused — if leave was refused specifically for operational reasons (and you can document the refusal), you may have a right to carry those days over to the next leave year
- Discrimination — if leave is consistently granted to some employees and refused to others based on a protected characteristic (e.g. refusing leave for religious observance but approving similar requests for other employees), this may be indirect discrimination
If your employer refuses leave unreasonably or in breach of the statutory framework, you can raise a grievance and ultimately bring an Employment Tribunal claim under the Working Time Regulations.