Where an employee is leaving the organisation, is it possible for the employer to require him/her to take any outstanding annual leave during the notice period? Is it necessary to particularly express in the contract that the employee may be required to take annual leave during their notice period?

Posted in : First Tuesday Q&A NI on 3 July 2012
Emma-Jane Flannery
Arthur Cox
Issues covered:

It can be a source of frustration to employers that, almost whatever the circumstances of termination of employment, the employee is entitled under the Working Time Regulations (WTR) to be paid in lieu of accrued, but untaken, holiday. It is the one exception to the overriding purpose of the WTR which is to ensure that employees take paid holiday. This is therefore a very common question.

Under the WTR, employers have the power to require a worker to take leave on specified dates, but only if they give proper notice (notice must be at least twice the length of the period of leave that the worker is being asked to take). Therefore, if an employer wishes to ask an employee to take the last

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Back to Q&A's This article is correct at 02/09/2015

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Emma-Jane Flannery
Arthur Cox

The main content of this article was provided by Emma-Jane Flannery. Contact telephone number is 028 9023 0007 or email Emma-Jane.Flannery@arthurcox.com

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