Rely on the most comprehensive, up-to-date legal content designed and curated by lawyers for lawyers
Work faster and smarter to improve your drafting productivity without increasing risk
Accelerate the creation and use of high quality and trusted legal documents and forms
Streamline how you manage your legal business with proven tools and processes
Manage risk and compliance in your organisation to reduce your risk profile
Stay up to date and informed with insights from our trusted experts, news and information sources
Access the best content in the industry, effortlessly — confident that your news is trustworthy and up to date.
Find up-to-date guidance on points of law and then easily pull up sources to support your advice with Lexis PSL
Check out our straightforward definitions of common legal terms.
Our trusted tax intelligence solutions, highly-regarded exam training and education materials help guide and tutor Tax professionals
Access our unrivalled global news content, business information and analytics solutions
Insurance, risk and compliance intelligence using big data, proprietary linking and advanced analytics.
A leading provider of software platforms for professional services firms
In-depth analysis, commentary and practical information to help you protect your business
LexisNexis Blogs shed light on topics affecting the legal profession and the issues you're facing
Legal professionals trust us to help navigate change. Find out how we help ensure they exceed expectations
Lex Chat is a LexisNexis current affairs podcast sharing insights on topics for the legal profession
Discuss the latest legal developments, ask questions, and share best practice with other LexisPSL subscribers
Under the Working Time Regulations 1998 (WTR 1998), SI 1998/1833, a worker is entitled:
• to 5.6 weeks’ annual leave or holiday (WTR 1998, SI 1998/1833, regs 13, 13A), and
• to be paid for that holiday (WTR 1998, SI 1998/1833, reg 16)
For further information:
• on the right to holiday, see Practice Note: Holiday, and
• on the right to holiday pay, see Practice Note: Holiday pay
The right to annual leave may not be replaced by a payment in lieu ‘except where the worker’s employment is terminated’ (WTR 1998, SI 1998/1833, regs 13(9)(b), 13A(6)(a)).
‘Employment’ for these purposes means employment under the worker’s contract (WTR 1998, SI 1998/1833, reg 2(1)).
The WTR 1998 do not specifically state which provisions should be used to determine when a worker’s employment is terminated for the purposes of WTR 1998, SI 1998/1833, regs 13(9)(b), 13A(6)(a), and we are not aware of any case law on this issue.
Certain provisions of the Employment Rights Act 1996 (ERA 1996) are applied under the WTR 1998, SI 1998/1833, for specific purposes, eg for the purposes of determining a week’s pay under WTR 1998, SI 1998/1833, reg 16. However, other provisions of ERA 1996 are not applied more generally under WTR 1998, SI 1998/1833.
Under WTR 1998, SI 1998/1833, reg 13(9), the basic four weeks' annual leave must be taken in the leave year in respect of which it is due and may not be carried over from one leave year to the next, ie the worker is to ‘use it or lose it’. This is subject to certain exceptions established from case law, and a further exception in respect of the coronavirus (COVID-19) pandemic.
For further information, see:
• the section of Practice Note: Holiday entitled Statutory holiday accrual, under the heading ‘Carry forward of leave’
• the section of Practice Note: Coronavirus (COVID-19)—holiday and holiday pay entitled Carrying forward holiday entitlement
In practice, where (for whatever reason) the employee has not taken their accrued holiday entitlement during the term of a fixed-term contract, the employer may opt to require the employee (using the notice provisions in WTR 1998, SI 1998/1833, reg 15) to take that accrued holiday entitlement prior to the end of that fixed term, if that is practicable, as it avoids any issue arising in relation to accrued holiday.
For further information, see the section of Practice Note: Holiday entitled When statutory holiday may be taken and the notice requirements.
For information:
• on determining the effective date of termination for unfair dismissal purposes under ERA 1996, see Practice Note: Effective date of termination
• on determining continuity of employment for the purposes of certain statutory rights under ERA 1996, see Practice Note: Continuity of employment
Free trials are only available to individuals based in the UK
* denotes a required field
Access this article and thousands of others like it free by subscribing to our blog.
Read full article
Already a subscriber? Login
0330 161 1234