When you do turn down a holiday request put it in writing ASAP and state the reason.
This one was quite timely given the holiday period is almost upon us.
Q: We have just refused a request for a 2 week holiday as it would have left us without enough cover to finish a crucial project but the employee is adamant he’s still taking the time off. What can we do as we don’t wish to set a precedent with the other employees? Feel a bit at a loss what to do for the best.
A: The good thing is that holiday can’t be taken as and when an employee wishes. Shock, horror! That would be like the tail wagging the dog and that should never happen! The employee always needs to obtain your prior and express permission. I guess in a good way at least he's been upfront and admitted it which makes it easier for you manage than where someone falsely claims sickness absence etc.
In the circumstances where you do turn down a request the best thing to do is put it in writing ASAP and state the reason(s) to show you are justifying it on legitimate and reasonable business grounds.
That letter should also warn the employee that if they go ahead and take the time off anyway, you will: not pay them during their absence; and more importantly deem their absence to be unauthorised which is considered a serious disciplinary offence.
Then he will at least know the repercussions should he proceed with his threat and you can deal with this as normal like any other misconduct issue upon his return under your formal disciplinary procedure.
So if you haven’t done so already, you should write to him immediately setting out the position, i.e. any such absence will be deemed unauthorised, and ask him to reconsider his position. If he doesn’t, he'll know what's coming upon his return.
If you do have to take disciplinary action, don’t arrange the hearing during the absence - that would be unreasonable and unfair. A disciplinary hearing should only be held when he's returned to work. Provided he knew the potential consequences to his actions in advance of taking them i.e. by way of the letter, an unauthorised period of absence can potentially give you grounds for dismissal.
As always, if you have communicated as much as possible the company expectations and rules in advance, employees will be hard pushed to ever justify not following them. As well as being stated in any staff handbook or policy that cover the taking of holidays and annual leave, your holiday request form could also perhaps also state what the position will be if the request is subsequently rejected and the employee still takes that time off.
Employees should know not to book any holidays until their request for time off has been formally approved in advance by their line manager – to do so is risky and foolish and quite frankly unreasonable behaviour on their part if they want a successful employment relationship.
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