We have a number of staff carrying over a lot of annual leave. Can we insist on the annual leave being taken within the year or do we have to allow them to carry the leave? Over the years the taking of annual leave within the year has never been enforced.

Posted in : First Tuesday Q&A NI on 4 September 2012
Arthur Cox
Arthur Cox
Issues covered:

Under the Working Time legislation in the UK, an employee is entitled to a minimum of 5.6 weeks’ holiday a year. A worker must take 4 weeks of that holiday entitlement in the relevant holiday year or they will lose their entitlement to it. He or she should also use the additional 1.6 weeks’ holiday in the relevant holiday year, unless they have the employer’s agreement to carry it forward.

Some employers offer an additional holiday entitlement over the 5.6 weeks, and the employees’ contract of employment would normally contain provisions as to how these should be taken, i.e. either used, carried over etc.

If you have been allowing the employees to carry over their holidays, this entitlement

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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.

Arthur Cox
Arthur Cox

The main content of this article was provided by Arthur Cox. Contact telephone number is +44 28 9026 2673 or email rosemary.lundy@arthurcox.com

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