Q&As

If an employee is not prevented by any reason from taking holiday are they permitted to carry over any days, to a future holiday year, if their contract permits it?

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Published on LexisPSL on 06/11/2017

The following Employment Q&A provides comprehensive and up to date legal information covering:

  • If an employee is not prevented by any reason from taking holiday are they permitted to carry over any days, to a future holiday year, if their contract permits it?

The right under the Working Time Regulations 1998, SI 1998/1833 (WTR 1998) is to a total of 5.6 weeks' annual leave each 'leave year', made up of:

  1. a 'basic entitlement' to a minimum of four weeks' annual leave (20 days for a regular full-time worker) each leave year, implementing the right to annual leave under article 7 of the Working Time Directive (WTD)

  2. an 'additional entitlement' to 1.6 weeks' annual leave (eight days for a regular full-time worker) each leave year, which is a right under domestic legislation only

Understanding this distinction is important because:

  1. case law from the European Court of Justice (subsequently applied in our domestic courts and tribunals) concerns the operation of the WTD only, and as such is only relevant to the basic entitlement to four weeks' paid leave; and hence as a result

  2. there are some di

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