Clarkslegal LLP - Solicitors in Reading and London

Legal Updates

Have you managed your workers` annual leave?

30 November 2010 #Employment


A poll of more than 3,200 UK workers by recruitment website Monster.co.uk found that 24 per cent said they still have 10 days holiday, or more, left to take before Christmas.  The Public sector was reported to have the highest number of workers with a large proportion of holiday left - maybe as a result of wanting to appear indispensible at these hard times.

The Working Time Regulations give workers an entitlement to a minimum of 5.6 weeks` paid annual leave per year (equivalent to 28 days for a full-time employee and a pro-rata amount for a part-time worker).   The law in this area is founded on the principles that it is in the health and safety interest of workers that they take paid annual leave in order to have a rest. 

However, statutory holiday may only be taken in the leave year in respect of which it is due. There is no general right under the WTR to carry forward unused holiday into the next leave year, and no right for the employer to pay the worker in lieu of holiday (except on termination).

Therefore, assuming your leave year is 1 January - 31 December, if your workers have not taken their statutory annual leave yet, you may find an influx of requests as the year ends - will this leave you short of cover? 

Your contractual arrangements may provide for carryover of holiday entitlement into the next leave year but either way it is best to actively manage workers` annual leave to ensure that it is spread out throughout the year.

Clarkslegal, specialist Employment lawyers in London, Reading and throughout the Thames Valley.
For further information about this or any other Employment matter please contact Clarkslegal's employment team by email at employmentunit@clarkslegal.com by telephone 020 7539 8000 (London office), 0118 958 5321 (Reading office) or by completing the form on this page.

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