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‘Sandwich leave’: the legal risks

‘Sandwich leave’: the legal risks

It’s no secret that employees often try to make the most of their annual leave, strategically booking time off around weekends or public holidays to get extra time away without using up too many days.

This common practice has prompted some organisations to introduce what’s known as ‘sandwich leave’ policies – designed to stop people from stretching their annual leave further by counting non-working days between leave as part of the total.

The concept recently made headlines after a LinkedIn post about its benefits went viral, sparking heated debate. While some HR professionals supported the approach, others questioned whether it was fair or simply a way to discourage employees from taking time off. So, is this something UK employers should be thinking about – and what’s the impact on culture and engagement?

What is sandwich leave?

A sandwich leave policy treats non-working days – such as weekends or bank holidays – that fall between two booked leave days as part of the total leave taken.

For example, if an employee takes Friday and the following Monday off, the weekend in between would also be deducted, meaning four days of annual leave instead of two.

Why organisations may consider it

On the surface, the idea might seem appealing for employers looking to:

·         Keep leave management consistent and fair

·         Reduce opportunistic booking around weekends or public holidays

·         Protect operational continuity by maintaining predictable staffing levels

The original LinkedIn post even suggested exceptions could apply for emergencies or official business – but the reaction highlighted a deeper issue.

Why it’s controversial

Despite its intentions, sandwich leave remains widely unpopular. Many employees argue that counting weekends or public holidays as leave is inherently unfair, as they are non-working days anyway.

The backlash was clear on platforms like Reddit, where users labelled the practice “controlling” and “a sign employers don’t trust their staff.” Some even joked about gaming the system by only taking leave mid-week to avoid the policy altogether.

Policies that feel punitive or rigid don’t just frustrate employees – they erode trust, damage morale, and ultimately harm retention and performance.

Is sandwich leave legal in the UK?

The short answer is no. While the policy is relatively common in parts of the private sector in India — where the viral LinkedIn post originated — UK employment law doesn’t allow it.

Here, workers are entitled to a minimum of 5.6 weeks’ paid annual leave, and that entitlement can only be taken from working days. Non-working days cannot be deducted from an employee’s leave allowance.

Employers can manage how and when leave is taken — for example, by limiting the number of people off at the same time — but they cannot reduce entitlement by counting weekends or public holidays.

A better approach to leave policies

While sandwich leave isn’t legal in the UK, the debate it’s sparked is useful. It highlights the importance of having policies that are clear, transparent, and feel fair — all of which are key to maintaining engagement and supporting organisational performance.

To strike the right balance between operational needs and employee experience:

Be transparent from the start – Clearly explain how annual leave works during onboarding and in your handbook.

Separate different types of leave – Have distinct policies for parental, carer, bereavement, and other leave types.

Manage requests fairly – Use a consistent process to ensure workloads are balanced without penalising individuals.

Listen and adapt – Gather regular feedback to ensure policies are enabling, not hindering, work-life balance.

 

A well-designed leave policy isn’t just a compliance exercise — it’s a reflection of your organisation’s values and a driver of engagement. Get it right, and you’ll foster trust, support wellbeing, and strengthen retention. Get it wrong, and you risk frustration, higher turnover, and reputational damage.

Need support with your leave policies?

With unlimited access to our employment law specialists, our employee relations support service offers quality advice and practical support. We help our clients with:

  • policies and employment contracts
  • disciplinary, grievance and dignity at work investigations
  • meeting support, consultation for TUPE and redundancy
  • end-to-end change programmes
  • robust, people centric HR infrastructures

Contact us or give us a call to discuss your employee relations challenges: 0330 053 9345.

Disclaimer: The information and advice provided in this blog are correct at the time of publishing. Employment law is subject to change, and while we strive to keep our content current and accurate, we recommend consulting with one of our legal professionals or checking the latest regulations via official sources for the most up-to-date information. Vista Employer Services is not responsible for any actions taken based on the information provided in this blog.
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