Is it possible to include a clause in employment contracts that allows the employer the possibility to ask the employee to use their accrued annual leave during his/her notice period?

Posted in : First Tuesday Q&A NI on 5 August 2015
Emma-Jane Flannery
Arthur Cox

Yes, such a provision can be advantageous for employers in that it avoids the need to make a payment for unused leave on termination and it can also be a useful mechanism for putting some distance between the employer and employee at what can be a sensitive time. However, it is important that employers give due consideration to the requirements of the Working Time Regulations (WTR). Under the WTR, an employer can require an employee to take leave on specified dates (including notice periods) but only if appropriate notice is given.

In essence, this notice must be at least twice the length of

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

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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