Can My Employer Make Me Take Annual Leave Over Christmas?
Christmas is approaching, and for many workplaces that means festive shutdowns, reduced opening hours and questions about annual leave. But can your employer actually make you use your holidays over Christmas, even if you’d rather save them for another time?
The short answer is yes, in most circumstances they can. However, there are rules employers must follow.
Why do some businesses close over Christmas?
For many businesses, particularly those in manufacturing, engineering, construction and office-based industries, Christmas is traditionally a quieter period.
Some businesses close completely between Christmas and New Year, while others operate with reduced staffing.
Rather than keeping workplaces open when there is little work available, employers may require staff to use some of their annual leave entitlement during this period.
Can my employer decide when I take my holidays?
Yes. Under UK employment law, employers can require employees and workers to take annual leave on particular dates, including during a Christmas shutdown.
However, they must provide the correct notice, unless a relevant agreement sets out different arrangements.
The general rule is that employers must give at least twice as many calendar days’ notice as the number of days they require you to take.
For example:
- If your employer requires you to take 3 days’ annual leave, they must give at least 6 calendar days’ notice.
- If they require you to take 5 days, they must give at least 10 calendar days’ notice.
Your employment contract or an applicable agreement may specify different notice requirements.
What if I don’t want to use my annual leave at Christmas?
You might prefer to save your holidays for a summer break, family occasion or another time of year.
Unfortunately, if your employer has followed the correct procedures, you cannot normally insist on choosing different dates.
However, it’s always worth having a conversation with your employer. Some businesses may be flexible, particularly where alternative work is available.
What if my employer has never closed over Christmas before?
An employer can introduce a Christmas shutdown even if the business has remained open in previous years.
However, they should check existing employment contracts, any established working arrangements and the notice requirements before making changes.
Good communication is particularly important when employees are being asked to change their usual holiday plans.
Do Christmas Day and Boxing Day automatically count as paid holidays?
Not necessarily.
There is no automatic legal right to have bank holidays off with pay. Employers can include bank holidays within an employee’s statutory annual leave entitlement.
Most workers are entitled to 5.6 weeks of paid annual leave each year. For someone working five days a week, this normally means 28 days, which can include bank holidays.
Your contract should explain how bank holidays are treated.
What if I’ve already used all my annual leave?
This can be more complicated.
If your employer requires a Christmas shutdown but you’ve already used your holiday entitlement, you should discuss the situation with them.
Possible arrangements could include agreeing to take leave in advance from a future entitlement, where appropriate, or agreeing to unpaid leave.
However, an employer cannot simply assume that a shutdown can be unpaid. The contract and any relevant agreements need to be considered.
What about temporary and agency workers?
Temporary and agency workers also have statutory rights to paid annual leave.
However, how holiday is accrued, paid and requested can depend on the working arrangement.
If you’re working through a recruitment agency and the company you’re assigned to closes over Christmas, speak to your agency in advance to understand what this means for your assignment, holiday entitlement and pay.
A little communication goes a long way
Christmas should be an opportunity to enjoy time away from work, but we appreciate that not everyone wants to use their annual leave at the same time.
For employees, our advice is simple: check your contract, understand your entitlement and ask questions if you’re unsure.
For employers, planning ahead and communicating clearly can avoid unnecessary confusion and frustration.
Ultimately, while employers may have the legal right to decide when holidays are taken, handling those decisions fairly and thoughtfully makes a real difference to workplace relationships.
This article provides general information about UK employment rights and is not intended as legal advice. For further guidance, visit Acas or GOV.UK.
