When Employees Refuse to Take Annual Leave

Under the Working Time Regulations 1998 a worker is entitled to 28 days’ annual leave each year, inclusive of bank holidays. However, what should an employer do if an employee refuses to take their annual leave entitlement?

employee-holiday

People Management highlight some reasons where this may be the case, such as if taking time off would impact on their ability to meet set targets and would therefore affect their entitlement to a bonus.

What can be done?

However, what can be done if an employee is unable to take accrued leave due to specific business needs at that time? People Management say, "recent case law has suggested that in such circumstances, where workers are unable to take annual leave for reasons beyond their control, employers should allow the leave to be carried over to the next holiday year.".

The article summarises that in general it is advisable to remind employees in the lead up to seasonal periods, such as Christmas and the summer months, to book their annual leave. This serves to remind employees to take their holiday entitlement and also shows that the employer is mindful of their employees' well being. Read the full article on the CIPD website here.

If you need legal advice on handling a similar situation, don't hesitate to get in touch by calling us on 01925 263 273.


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Posted on June 25, 2015 and filed under Employment Law.