Lastminute Dot Gone: Check your employment contract before checking-in for that bargain half-term holiday

Employees holding out for a last minute October half-term bargain to the sun could find themselves without either the holiday or their job unless they abide by an often-overlooked clause in their contract of employment.

Leading employment lawyer Jonathan Whittaker of SAS Daniels LLP in Cheshire says that with more families on a tighter-than-usual holiday budget in 2009, some are snapping up last-minute package trips – and then discovering they could lose their jobs by jetting off at short notice.

“It can all suddenly go a bit lastminute dot gone. Most contracts of employment will stipulate that an employee must give twice the length of his or her holiday in notice of that holiday – so a fortnight in Majorca needs at least four weeks’ notice,” said Jonathan Whittaker.

“If somebody’s planning a week away this half term, then they need to get time off booked before October 11 in most cases or they could end up coming back to a dismissal letter.

“The issue is that we’ve seen a number of spats between staff and employer this year because people are booking the cheap last-minute holiday, then applying for the time off.

“The problem is that businesses are being run on very tight ships in the current economic environment, and some companies struggle to make alternative arrangements or change shift patterns if given just a few days’ notice.

“In some cases they are being given no alternative but to deny staff time off for holidays booked at short notice, and, frankly, from there it gets very messy.

“By denying time off, they alienate the employee, potentially cost them money, and generate ill-feeling across the business.

“Sometimes the employee in question has simply said ‘sod it, I’m going’ and gone. That leaves the employer with the issue of disciplinary action, even dismissal upon their return, and a job to fill.

“But then again, in some cases the employee has taken the holiday, accepted the sacking and found a job elsewhere when they’ve returned.

“I’d suggest that employees check their contracts, and employers should perhaps get into the habit of circulating staff with reminders that they have to give a statutory period of notice before they go away on holiday.”

SAS Daniels LLP has offices in Stockport, Macclesfield, Chester, Congleton, and Bramhall.