Christmas is approaching and many of us will be looking forward to some well-deserved time off and time away from the workplace. Christmas is seen by many as a time to rest, contemplate and be with family and friends while businesses wind down a little or even close completely for a few days. However, while some businesses close over Christmas because it is a time when services are not required or are in less demand, for others, closing is not an option!

These businesses face particular challenges that come at this time of year, for example, the struggle to find enough staff to cover what is the busiest or one of the busiest periods while trying to give their workers the benefit of a break in order to be with their loved ones. If your business faces these sorts of seasonal challenges, read on.

All workers have a legal right to take a minimum of 5.6 weeks' holiday each year; for an individual who works five days each week, this equates to 28 days, which is pro-rated for those who work part-time. There are lots of variations for when holiday can be taken by staff, ranging from free selection (subject to prior approval) by the individual to fixed periods of holiday determined by the employer and everything in between. Approaches differ to bank holidays too, where some employers expect their employees to work and others do not.

More staff needed?

If there is suddenly a peak in demand, an employer has the right to cancel pre-booked leave. To do so, the employer needs to give notice equal to the number of days holiday booked. This said, cancelling anyone’s pre-approved holiday needs to be done with care and only as a last resort. It would be more sensible to ask for volunteers who are able to work or meet with individuals to discuss their circumstances and try to encourage them to work. Only if this fails should employers resort to cancelling leave.  And even then, this won’t necessarily guarantee that the employee turns up! 

Depending on the circumstances, it is likely to help if you can incentivise your staff… allowing workers to start work late, leave early or dress down can all have a positive effect on the working environment and the individual’s mental health. Employers may also consider other perks, such as paying for a worker's lunch, laying on treats or augmenting pay, as these are the sort of approaches that might entice reluctant workers into the workplace. You could also offer additional holiday or time off in lieu during what may be a quieter period at a later date.

Less staff needed?

If your business isn’t subject to seasonal demand but you still need cover over what is normally a quieter than usual period, you may find that some prefer the peace and quiet this offers as it gives them an opportunity to ‘catch up’. 

If your business is quieter over Christmas and the New Year, you can require staff to take holiday during this time or on other specified dates when your business usually experiences seasonal downturn. This can allow you to better manage and plan for peaks and troughs in demand or to use the ‘downtime’ to ensure workers take their entitlement in a given holiday year.

The law says that employers need only give the required notice to the individual; to require an individual to take one day’s holiday, the employer must give two days’ notice and to take two days’ holiday, four days’ notice and so on. Again, this is a step that should be taken with care. Some workers will be happy to volunteer or be required to take time off whereas others will want to plan their holidays well in advance to take account of their partners’ holidays, arrangements for their children, school holidays, religious customs, or other factors. Employers should not jump to conclusions about who will or who won’t want to take leave at any given point in time.

The key message is that there is no ‘one size fits all’ approach. How you manage staff holidays will depend on your contractual arrangements, policies and, of course, the people who work for you. One thing we can say with certainty is that employers should review and encourage staff to take time off throughout the holiday year and proactively manage the situation well ahead of busy periods and the holiday year-end – whether that is around Christmas or not. 

Our specialists in the BLHR and Employment Team would be very happy to chat through any questions you might have relating to staff holiday in the lead-up to Christmas or any other employment issues.

To arrange a free initial telephone chat please do not hesitate to get in touch via sarah.shah@birkettlong.co.uk or call 01206 217301.