Q&As
Can an employer tell an employee when their annual leave must be taken?
See Practice Notes:
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Holiday (document no longer available)
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Remedies for breach of working time rights.
See also Precedents:
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Notice—from employer requiring worker to take holiday [Archived]
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Notice—from employer to worker refusing holiday
This answer sets out the position under the Working Time Regulations 1998 (WTR 1998). Contractual holiday entitlement may be more generous—see Practice Note: Holiday—Contractual holiday entitlement (document no longer available).
Is there a ‘relevant agreement’?
First look at the contract of employment if there is one (or other written agreement, such as a workforce agreement) to see if it sets out the terms about taking holiday.
For example see Precedents:
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Employment contract basic version (clauses 7.7 and 7.8)
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Service agreement (clauses 15.1 and 15.2)
If there is a relevant agreement, the notice rules set out in the WTR 1998, below, can be varied or excluded.
See Practice Note: Holiday—When statutory holiday may be taken and the notice requirements (document no longer available)—variation of notice provisions by relevant agreement.
Holiday
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