Annual Leave Use It or Loose It

In a recent case it was decided that a worker does not automatically lose the accrued right to be paid annual leave because of a failure to ask for it, which means that even though the leave may not be requested, it will still accrue. This has important implications for the use it or lose it principal of the working time regulations. Employers should now consider whether it is appropriate to issue reminders prior to the end of a worker’s holiday year, to encourage staff to take their leave and specifically informing them that unused leave will be lost. Otherwise untaken leave may be carried over indefinitely, which could leave the employer in a difficult position at a later date. Any questions, please do not hesitate to contact Ian Furness at the Birstall office on 01924 443900.