Require an employee who has resigned to take annual leave during the notice period

Key points

  • In the absence of a relevant agreement to the contrary, the employer can require an employee to take all or part of his or her outstanding statutory annual leave entitlement on particular days, on giving the employee the appropriate advance notice.
  • This includes requiring an employee who has resigned to take his or her outstanding statutory annual leave during his or her notice period.
  • The position with regard to any contractual leave over and above statutory annual leave will depend on the terms of the contract.

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