Employees sometimes take leave without approval, often due to pre-booked trips or misunderstandings, and this can have a negative impact on your business. Here’s some guidance for employers and HR professionals.
How to mitigate disruption to your business
To avoid unauthorised holiday conflicts, consider:
- Communicate all policies to all staff
Make sure all employees are aware of your Annual Leave policy. Be clear that you prefer early holiday requests. - Manage expectations
Warn employees not to assume approval and wait for written confirmation before booking trips. - Encourage prompt manager response
Ensure managers reply swiftly and clearly, particularly to short-notice requests, to avoid confusion.
In Gyftaki v Upton-Hansen Architects, an employee, 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 explained that she couldn’t 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.
Key takeaways for HR
- Have policies in place
Clear communication of expectations for those requesting and authorising leave is the best way to avoid confusion, conflict, and legal proceedings later. - 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.
Taking unauthorised leave can be serious misconduct but handling it fairly and reasonably reduces risks and fosters a positive workplace culture.
Further reading
- How to handle unauthorised absence
- 4 key essentials of holiday leave vs sick leave
- When are holiday pay underpayments ‘unlawful deductions’?
- 5 holiday pay essentials in 2024
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The team at Hunter Law is here for you. We can handle your HR issues, finesse your policies, and keep you up-to-date on evolving legislation. Please get in touch with our legal team, we’d love to help.
