Sun, Sand And Statutory Rights: Practical Reminders For UK Employers

As summer holiday requests start to stack up, HR teams and managers face the familiar challenge of keeping the business covered while making sure workers can take the leave to which they are entitled. Here is a reminder of some key practicalities on the timing and taking of holiday – from managing clashes and shutdowns to sickness and carry-over risk.

Holiday rules are not one-size-fits-all. They can vary by leave type and working pattern, and statutory notice rules may be modified by a relevant agreement, including an employment contract. While employers may treat leave uniformly for administrative convenience, it is still worth checking which category of leave is in play before responding to requests.

Here are six summer holiday checks for employers to keep front of mind.

Can we refuse a holiday request?

Yes – provided the request is handled in time and the worker is still in practice able to take their statutory leave at another time in the holiday year. Most employers require leave to be booked and approved in advance, giving them practical control over timing. 

If the statutory rules apply, an employer can refuse a request by giving a counter-notice at least as many calendar days before the leave starts as the number of days being refused. So, to refuse five days’ leave, the counter-notice must be given at least five calendar days before the leave was due to begin.

Approval processes are a legitimate way to manage timing, but they should not be a practical bar on workers taking leave. Workers should be given a reasonable opportunity to take statutory leave, encouraged to do so, and reminded that unused leave may be lost if it is not taken by the end of the holiday year. 

What if everyone wants the same week off?

There is no statutory tie-breaker, so employers need a fair and workable approach. A clear policy – often ‘first come, first served’, with managers approving requests in the order received – will usually be the starting point. Apply it consistently, remind staff to book early, warn them when peak periods are filling up, and record the reason for any refusal. 

Keep discrimination risk in mind too. A fixed shutdown, combined with refusal of leave for religious observance at another time of year, may create religion or belief discrimination risk unless the employer has a legitimate business reason and acts proportionately.

Can we specify when people take leave?

Yes, provided the right notice is given. If the statutory default applies, the employer must give at least twice as many calendar days’ notice as the number of days, or part-days, the worker is required to take. A five-working-day shutdown will therefore usually require at least ten calendar days’ notice. A relevant agreement can modify those notice rules and should be clear as to any planned shutdowns. 

What if someone is sick during holiday?

In short: holiday is for rest and leisure; sick leave is for recovery. Workers may choose to take paid holiday while sick, but employers should not force them to do so.

If a worker is sick during holiday, the core four weeks’ statutory leave can usually be taken at another time. The position may be more flexible for the additional 1.6 weeks’ statutory leave and any extra contractual holiday, depending on what the contract or policy says. 

Employers can still apply normal sickness reporting during holiday, including day-one notification and medical evidence for longer absences. 

Can a worker be made to forfeit untaken holiday?

Not automatically. The four weeks’ statutory leave can be carried over if the employer has not recognised the worker’s holiday right, given them a reasonable opportunity and encouragement to take it, or warned them that untaken leave will be lost. 

Contracts, policies and year-end communications should make clear that workers are encouraged to take holiday and that untaken entitlement will be lost at the end of the holiday year, subject to any permitted carry-over. Employers should also review accrual and carry-over provisions for sickness, maternity and other statutory family-related leave.

What about record-keeping and enforcement?

Good holiday processes have always mattered, but the compliance stakes are increasing. Since 6 April 2026, employers have had to keep adequate records showing compliance with statutory holiday rules, including entitlement, leave taken and pay, for six years. Failure to comply is a criminal offence and can result in an unlimited fine.

Holiday-taking and holiday pay are closely linked. If systems do not identify, record and pay holiday correctly, gaps can feed into worker claims, underpayment exposure and record-keeping risk. The Government is also consulting on how state enforcement of holiday pay should sit within the Fair Work Agency’s remit, with holiday pay enforcement planned for 2027 and underpayment powers expected to form part of the toolkit. Employers should check now that their systems, contracts and policies are accurate, consistent and audit-ready.

With that compliance housekeeping covered, all that remains is to wish everyone an enjoyable and re-energising summer break.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.