This is a preview. To continue reading please log in or Register to read this article

Lyons v Mitie Security Ltd

This report relates to 1 case(s)

  • expand

    Lyons v Mitie Security Ltd [2010] IRLR 288 EAT (2 other reports)

    • Annual leave: Holiday entitlement can be subject to notice requirements

      30 March 2010

      In Lyons v Mitie Security Ltd EAT/0081/09, the EAT held that, in principle, the ability to take annual leave is not inalienable and can be lost if the worker does not comply with the notice requirements imposed by the Working Time Regulations 1998 and/or the worker's contract. However, the tribunal had erred in failing to analyse properly whether or not the particular notice requirements of the claimant's contract had been complied with, before deciding to dismiss his constructive dismissal and holiday pay claims.

    • Case of the week: Holiday

      17 February 2010

      This week's case of the week provided by DLA Piper covers holiday.

annual leave | holiday not taken at end of year | notice requirements

The Employment Appeal Tribunal (EAT) has held that a worker who fails to comply with statutory or contractual notice requirements for taking holiday can lose annual leave at the end of the leave year if not taken. The right to take annual leave is not inalienable.