The following Employment guidance note provides comprehensive and up to date legal information covering:
The right to take time off from work for holidays may arise under contract or statute. Holiday benefits both employers and workers by allowing workers a period of relaxation and recuperation.
This Practice Note sets out the law applicable to statutory and contractual holiday and explains some of the issues that arise in practice in relation to holiday, such as how the right to holiday interacts with rights to other statutory leave. The note also identifies when the use of a relevant agreement to vary or exclude rights is permitted.
Entitlement to pay for holiday (and pay in lieu of holiday), as opposed to entitlement to holiday itself, is considered in Practice Note: Holiday pay. It is important to distinguish between the two: for example a claim may arise when a worker is allowed to take holiday but is not paid for it—this is a claim for holiday pay. Alternatively, a worker's employer may not permit the worker to take the holiday at all—this is a claim for holiday.
Particular problems in relation to holiday entitlement can arise if a worker has been off sick for a long period. These are discussed in detail, in light of the relevant case law, in Practice Note: Holiday and sickness absence.
The right to holiday under the Working Time Regulations 1998 (WTR
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