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
Arthur Cox
Arthur Cox
Issues covered:

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 the period of leave that the employee in question is being required to take. There is no particular

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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

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