Handling unauthorised holiday requests
Employees sometimes take leave without approval, often due to pre-booked trips or misunderstandings.
Employers should take preventive steps to reduce the risk of such issues arising.
To avoid unauthorised holiday conflicts, consider:
Clear annual leave policies: Encourage early holiday requests.
Managing expectations: Warn employees not to assume approval and wait for written confirmation before booking trips.
Prompt manager responses: Ensure managers reply swiftly and clearly, particularly to short-notice requests, to avoid confusion.
In Gyftaki v Upton-Hansen Architects, the Claimant, dealing with a family emergency in Greece, mistakenly believed her leave request was approved and booked her travel. The night before departure, her manager denied the request. She responded that she could not postpone and would take unpaid leave. Upon return, she was suspended pending an investigation into unauthorised absence. The Employment Appeal Tribunal (EAT) upheld a constructive unfair dismissal ruling, citing the employer’s failure to promptly respond to her holiday request and the unnecessary suspension.
Fair process matters: Disciplining employees for unauthorised leave requires a reasonable and structured approach.
Consider mitigating factors: Not all cases are blatant disregard for rules; personal emergencies require a measured response.
Avoid hasty actions: Prompt leave decisions and clear communication prevent misunderstandings and potential legal issues.
Taking unauthorised leave can be serious misconduct but handling it fairly and reasonably reduces risks and fosters a positive workplace culture.
Contact Lily-Rose to discuss this further.
