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
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
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