The following Employment Q&A provides comprehensive and up to date legal information covering:
See Practice Notes:
Remedies for breach of working time rights.
See also Precedents:
Notice—from employer requiring worker to take holiday
Notice—from employer to worker refusing holiday
Notice—of holiday dates from worker to employer
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.
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:
Employment contract basic version (clauses 7.7 and 7.8)
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—variation of notice provisions by relevant agreement.
Because holiday accrues in the first year of employment depending on how long the employee has been employed, in practice the employee can only take what they have accrued to date. This means that the employer has control over when and how much holiday the employee takes in the first year.
See Practice Note: Holiday—Statutory holiday accrual.
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