If a part-time employee is contracted to work a half day on a bank holiday, is he or she entitled to an additional half day's holiday to take at another time?
If an employer provides for pro rata bank holiday entitlement for part-time employees, how should it calculate this?
If an employee’s contract states that his or her holiday entitlement is a certain number of days "plus eight bank holidays" is he or she entitled to an extra bank holiday that is granted one year?
Are employers required to provide pay or time off in lieu of bank holidays that coincide with maternity leave?
Where an employee's period of paternity leave coincides with a bank holiday, is the employer under any obligation to provide a compensatory day off or pay in lieu?
Will an employee accrue holiday during his or her notice period?
If an employee receives a payment in lieu of notice, will his or her annual leave entitlement accrue up to the termination date, or the end of the notice period?
Can employees work elsewhere during their annual leave?
Where an employee takes annual leave prior to her maternity leave, but gives birth early, will her maternity leave still start after the period of annual leave?
Do employees on maternity leave continue to accrue holiday during this period?
Where an employee is unable to take all the statutory annual leave that she has accrued during maternity leave during that annual leave year, because she is on maternity leave, must she be allowed to take it during the following year?
Can an employee take a period of paid holiday in between her ordinary maternity leave and additional maternity leave?
If an employee does not return from maternity leave, does the employer have to pay her in lieu of the annual leave that she accrued during maternity leave?
Do employees on additional paternity leave continue to accrue annual leave during this period?
If an employee does not return to work from additional paternity leave, does the employer have to pay the employee in lieu of annual leave accrued during the paternity leave?
Can an employee take a period of paid holiday in between ordinary adoption leave and additional adoption leave?
Do employees on adoption leave continue to accrue holiday during this period?
If an employee does not return from adoption leave, does the employer have to pay in lieu of the annual leave accrued during the leave?
Can an employer refuse holiday requests during a particular period?
Yes. Employers and workers can agree notice arrangements for
annual leave. In the absence of a relevant agreement or a provision in the
worker's contract of employment, under reg.15 of the Working Time Regulations 1998 (SI 1998/1833) the notice period that a worker must give to take annual leave
should be at least twice the period of leave to be taken. For example, if a
worker wishes to take one week's annual leave, he or she must give the employer
at least two weeks' notice. The employer is entitled to refuse the worker
permission to take the annual leave requested, provided that it gives notice
equivalent to the period of leave requested. In this example, the employer would
be required to give one week's notice.
Employers are not required to give
reasons for refusing holiday requests, although doing so is good practice. Requests
are most frequently refused where a number of other workers have already
applied to take the same period off, or where the time requested is during a
peak business period when the worker's services are required. In turning down a
holiday request, the employer must always have regard to the duty of mutual
trust and confidence that exists between it and the employee. This essentially
means that requests should be turned down in good faith and on reasonable
grounds, not simply on an arbitrary basis. If a request is declined, the worker
must be permitted to take the leave at a later point during the leave year.
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What happens if an employer fails to permit an employee to take his or her statutory holiday?