Can you reduce your employees holidays?

It was reported by the BBC on the 16th May 2013 that Paolo Di Canio had “threatened to reduce his players holidays should they not perform “with dignity” in their final game”.


Effectively Mr Di Canio was saying that rather than allowing his players the usual five to six weeks, he would reduce their holiday to the minimum 4 weeks.

In the UK, the Working Time Regulations 1998 allows workers the right to take 5.6 weeks paid holiday in each leave year, which is inclusive of bank holidays.

On that basis it would be difficult to see how Mr Di Canio could reduce his players’ holiday to just four weeks, as he would be in breach of the Working Time Regulations 1998.

What employers must be aware of however is that an employer’s right to holidays should be fully detailed in their contract of employment, particularly if it is the employers’ intention to allow them more than the minimum 5.6 weeks.

If more than 5.6 weeks holiday is being given then any reduction in holiday would result in the employee being able to make a claim either in the County Court or the Employment Tribunal. It is also possible that because it would be such a significant breach of contract that employers could also face a claim for constructive dismissal.

In any event employers should make sure that they have adequate policies and procedures in place detailing how applications for holidays should be made, in what circumstances holiday requests may be refused and clear details as to whether holiday can be carried over to the following leave year. If all holiday is not used, employers should not make payments to employees in lieu of holiday that has not been taken.