In what circumstances can an employer refuse an employee’s request to cancel a period of annual leave which was previously agreed by the employer, for example in respect of coronavirus (COVID-19) where the employee has had to cancel or rearrange their travel plans?

Where an employee wants to cancel a pre-arranged period of holiday, in the absence of a contractual right to do so, they will need their employer’s agreement.

The Working time Regulations 1998 (WTR 1998), SI 1998/1833 do not give employees a statutory right to cancel a pre-arranged period of holiday, and it is unusual for holiday provisions in an employment contract, or a holiday policy, to allow for this.

In most cases, therefore, it is likely to be down to the employer to decide whether or not to agree to the request.

However, there are competing interests to consider, particularly in the context of coronavirus (COVID-19): on the one hand, an employee who has had a holiday cancelled because of coronavirus will want to save their holiday entitlement until such time as they are able to re-schedule their holiday. They