Q&As

Can an employer tell an employee when their annual leave must be taken?

read titleRead full title
Published on: 05 October 2016
imgtext

See Practice Notes:

  1. Holiday (document no longer available)

  2. Remedies for breach of working time rights.

See also Precedents:

  1. Notice—from employer requiring worker to take holiday [Archived]

  2. 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:

  1. Employment contract basic version (clauses 7.7 and 7.8)

  2. 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

Powered by Lexis+®
Jurisdiction(s):
United Kingdom
Key definition:
Working time definition
What does Working time mean?

The Working Time Regulations 1998 (WTR) which provide basic minimum rights to work a reasonable number of hours and have reasonable rest breaks and holidays.

Popular documents