Can we enforce a policy that annual leave must be taken within the leave year and not allow any carry forward of holidays?

Posted in : First Tuesday Q&A NI on 7 March 2017
Chris Fullerton
Arthur Cox

Statutory leave under the Working Time Regulations (Northern Ireland) 2016 may only be taken in the leave year in respect of which it is due. There is therefore no right under the WTR for an employee to carry forward untaken holiday from one leave year to the next and no right for an employer to delay an employee's holiday until the next leave year. However, there appears to be nothing to prevent an employer allowing an employee to carry forward untaken holiday, whether accrued under the WTR or their contract, provided the choice is entirely the employee's and they are free to change their

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Back to Q&A's This article is correct at 07/03/2017
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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.

Chris Fullerton
Arthur Cox

The main content of this article was provided by Chris Fullerton. Contact telephone number is 028 9023 0007 or email Chris.Fullerton@arthurcox.com

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