Managing Holiday Requests and Sickness Absence During Peak Business Periods

Managing holiday requests and sickness absence during peak business periods can be particularly challenging for employers, especially during peak trading periods, public holidays and seasonal surges in demand.

At times when customer demand is at its highest, even a small number of absences can have a significant impact on productivity, service delivery and employee workloads. A proactive and consistent approach can help minimise disruption, maintain workforce morale and reduce the risk of disputes. By planning ahead and applying clear policies fairly, employers can better manage absence whilst ensuring employees are treated reasonably and in accordance with employment law.

Employment Law Christmas Round Up

During the festive season at work spirits are heightened, Christmas jumpers are out in full force and tubs of celebrations and quality street litter the counterspace. While it is a joyous and fun occasion for those who celebrate, there are still a number of things employers should be wary of to ensure a smooth sailing festive season. Read more >

What can be done regarding non-genuine absences?

Carry out return-to-work interviews to investigate the situation and verify the legitimacy of time off. To avoid non-genuine absences, offer employees flexibility where possible, such as shift swaps or remote work. Where the interview and attendance records indicate dishonesty or a failure to follow your reporting rules, treat this as potential misconduct and progress it under your disciplinary procedure.

Apply absence policies fairly and uniformly to avoid potential claims under the Equality Act 2010. Distinguish capability from conduct: manage genuine ill-health through your attendance processes, and reserve disciplinary action for misconduct such as falsifying reasons for absence or non-compliance with reporting requirements. Any sanction should be proportionate to the facts and previous record, ranging from a warning to dismissal in serious cases, including gross misconduct. Finally, review post-holiday absence patterns to refine policies, ensuring they continue to meet the needs of your business and remain both fair and legally compliant.

How employers should investigate suspicious absence

Whilst employers may have genuine concerns about patterns of absence, it is important not to jump to conclusions. Employees may have legitimate reasons for their absence, and any investigation should be conducted fairly and objectively. Appoint an impartial manager to investigate, act promptly, and avoid pre-determination, the purpose is to establish facts before deciding whether any formal action is warranted.

Where concerns arise, employers should:

• review absence records to identify any recurring patterns, such as frequent absences before or after weekends, bank holidays or approved leave requests;
• conduct return-to-work interviews promptly and consistently;
• give employees an opportunity to explain the circumstances surrounding their absence;
• consider whether any underlying health condition, disability or personal issue may be contributing to attendance concerns;
• keep clear records of discussions and any actions taken;
• request appropriate medical evidence (for longer absences, a fit note) and, where helpful, seek an occupational health assessment with the employee’s consent;
• handle health information lawfully and proportionately, limiting access to those who need it and keeping records secure;
• gather contemporaneous evidence (for example, rotas, timesheets, system logs, and where lawful and proportionate CCTV); and
• consider whether reasonable adjustments are required and whether trigger points should be modified where disability is a factor.

If evidence suggests that an absence may not be genuine, employers should follow their disciplinary procedure and investigate the matter in accordance with their policies. Taking a measured and evidence-based approach can help reduce the risk of employee relations issues and potential legal claims.

How can employee absences be balanced with business operational needs?

Peak periods can place additional pressure on employers because even a single unexpected absence may have a disproportionate impact on service delivery, customer experience and workforce workloads. This makes effective planning and resource management particularly important.

Balancing absences with business demands during the holidays requires early planning and flexibility. Start by identifying critical periods and communicating these to employees early on so that holiday requests can be staggered. Where possible, cross-train team members so that essential duties are covered by multiple people or consider hiring temporary staff for additional support.

Managing holiday requests during peak business periods

Competing holiday requests are often unavoidable during busy periods, particularly around school holidays and seasonal events. Having a clear and transparent process for approving annual leave can help avoid resentment amongst employees and ensure that business needs continue to be met.

Employers should clearly communicate:

• how holiday requests will be assessed;
• any deadlines for submitting leave requests;
• whether leave will be approved on a first-come, first-served basis or according to operational requirements; and
• any restrictions that may apply during particularly busy periods.

Consistency is key. Similar requests should be treated in a similar way wherever possible, with decisions based on objective business factors rather than personal preference. Employers may also wish to encourage employees to plan leave well in advance to improve workforce scheduling and reduce the likelihood of conflicts.

Where competing requests for annual leave create tension between colleagues, employers may need to address concerns before they develop into formal complaints. Read our guide on handling grievances over Christmas holiday rotas for practical guidance.

What should employers do if an employee calls in sick on peak holiday days?

Follow your absence management policy fairly and consistently. This may include requesting documentation like a fit note, or conducting return-to-work interviews or health assessments which can be useful to support employees’ health and wellbeing, as well as ensuring time off was necessary.

Can employers implement a “no holiday” policy during the busiest times of the year?

Yes, some businesses implement blackout periods, especially in retail or service sectors. However, this should ideally be included in your holiday policy and communicated to employees well in advance. Consider offering alternative time off, such as encouraging employees to take holiday before or after peak times to avoid burnout.

Busy periods can place additional pressure on employees, particularly where workloads increase or leave requests cannot be accommodated. Our article on how employers can support employee mental health and wellbeing outlines practical steps employers can take.

Best practice absence management policies

An effective absence management policy should provide clear guidance for both managers and employees. During peak periods, a well-drafted policy can help ensure absence issues are dealt with consistently whilst supporting operational resilience.

Best practice policies typically include:

• clear reporting procedures for sickness absence;
• expectations regarding communication during periods of absence;
• guidance on medical evidence and fit notes;
• arrangements for return-to-work interviews;
• procedures for managing repeat short-term absence;
• annual leave request and approval processes;
• any peak-period or blackout-period arrangements; and
• support available for employees experiencing health or wellbeing issues

Policies should be reviewed regularly to ensure they remain fit for purpose, reflect current employment law requirements and align with the operational needs of the business. Employers may find it helpful to review ACAS guidance on absence when reviewing their internal processes.

Taking a proactive approach to absence management

Successfully managing holiday requests and sickness absence during peak business periods requires more than simply responding to issues as they arise. Employers who plan ahead, communicate expectations clearly and apply policies consistently are often better placed to maintain service levels whilst supporting employee wellbeing.

If you are reviewing your absence management procedures, considering blackout periods or dealing with complex attendance issues, seeking specialist employment law advice at an early stage can help ensure your approach remains fair, practical and legally compliant. Reach out to a member of our team today.

This content is provided for general informational purposes only and does not constitute legal advice. It is not intended to address the circumstances of any individual or entity, nor should it be relied upon as a substitute for specific advice from a qualified solicitor. The information reflects the legal position as at the date specified and may be subject to change. If you require advice on a specific matter, please contact us directly.