CHRISTMAS is typically a time of year when most people expect to enjoy some well-earned time off work, to relax with the family and recharge those batteries ready for the New Year.

But what rights do your staff actually have to take holiday over the Christmas period?

There is no problem for those staff whose employers are able to close down their businesses from Christmas Eve right through until January 2, although in many sectors - retail, healthcare and hospitality to name but three - this is simply not possible.

Christmas Day, Boxing Day and New Year's Day are the bank holidays over the festive period although many employers (and employees!) will be surprised to learn that there is actually no statutory right to take bank holidays off.

It is also very rare for contracts of employment to give staff the specific right to be off on bank holidays and therefore most employees will look to their employer's goodwill or the commercial reality that he simply does not wish to trade on those days.

It should also be remembered that as an employer you have the right to require staff to take holidays at certain periods, so there is nothing wrong with insisting that employees take part of their annual holiday entitlement at Christmas.

How do you deal with requests by more than one employee for the same day off? This can be a difficulty for those employers who need to maintain a skeleton staff over Christmas.

The good news is that in the same way that you can insist that employees take holiday on certain days, you can also insist that they attend work on particular days provided that, in accordance with the Working Time Regulations, requests for permission to take leave are refused within a period equivalent to the length of holiday requested.

For example, if a member of staff gives you notice that he wants to take four days' holiday, you need to give no less than four days' notice if his request has to be refused. This provides flexibility where, for example, a number of other staff have also applied to take the same period as holiday.

* Stephen Elliott is a solicitor in the employment team of North-East law firm Ward Hadaway. He can be contacted on 0191-204 4000 or by email at stephen.elliott@wardhadaway.com

Published: 16/12/2003