MI6 has decided that its employees cannot take time off from now, and during the Olympic Games for security reasons. MI5 may well follow suit. Are employers entitled to dictate when employees can take annual leave?
UK employees are entitled to a minimum of 28 days annual leave per year. The employment contract will often state an entitlement of 20 days plus Bank Holidays.
The Contract may also state that some of these days must be taken at a certain time. There may be a period each year when the site is closed. This could be for example over the Christmas period, or for a specified period in August. The contract may also state that any untaken holiday must be taken during the notice period. Employers can dictate when holiday has to be taken. But can the employer dictate when a holiday may not be taken?
Actually this is not that uncommon. Certain employers in the retail and leisure industry require employees to work Bank Holidays. Teachers and lecturers are usually not permitted to take their holiday in term time.
If there are legitimate business reasons for a restriction it is likely to comply with the requirement to act reasonably. Similarly if national security requires staff to be available during a particularly high risk period, then it is arguably reasonably necessary to restrict annual leave for that period. In those situations the contract of employment will probably refer to this possibility.
Is it reasonable to restrict periods of annual leave entitlement for prolonged periods to protect our national security?
The MI6 will have carried out a risk/benefit analysis and decided that particular precautions need to be taken both before and during the Games.
Everything in employment law is dependent on reasonableness. Employers and employees have a duty to co-operate with each other, for employees to comply with reasonable orders and for employers and employers to act in good faith. Any breach of those obligations could result in disciplinary proceedings, or resignation and a claim for constructive unfair dismissal.
However I suspect that all MI6 employees when they start with MI6 are told that holiday could be restricted and I guess it is just part of the unique aspect of working for MI6.
