Notice of holiday 


Holiday rights accrue monthly. In the first year, a worker is entitled to a twelfth of their statutory annual leave entitlement for every month worked. The amount of holiday that can be taken at any one time in year one can be rounded up to the nearest half a day. 





Under the statutory scheme, an employer can specify in writing (normally in the employment contract, or an annual leave policy) when in the year holiday must (or must not) be taken, and how many days can be taken at a time. For example, the contract can insist on holiday being saved for the Christmas shutdown, or taken during the school holidays or the contractual notice period.




In Russell and others v Transocean International Resources Limited [2012] IRLR 149, oil workers worked two weeks onshore followed by two weeks off shore without work duties. The Supreme Court said that the employer could designate the two weeks on shore as annual leave. Importantly, the workers had whole weeks available under this arrangement in which to take their leave. The same would not apply if there was less than a week available. Specifically, the WTD does not allow an employer to force part-time workers to take holiday on the days of the week when they are not working.



Under the statutory scheme, the employer must give twice as much notice in advance of the earliest leave day as the number of leave days to be taken. For example, four weeks’ notice is required to give notice of a two-week Christmas shutdown.




Workers must give notice of at least twice the length of the holiday they want to take. This requirement can be varied by the employment contract or through collective bargaining. Any conditions must not be unreasonable or arbitrary or make it too difficult for workers to take their leave (Lyons v Mitie Security UKEAT/0081/09, KHS AG v Winfried Schulte [2011] EUECJ C-214/10). 




An employer can ask for holiday to be deferred, as long as they tell the employee in advance, giving notice at least as long as the holiday requested. Shorter notice can be given if a “relevant agreement” allows this.




Workers and employers can agree different notice rules. A contract term in an employment contract can be a “relevant agreement” for this purpose (Industrial & Commercial Maintenance v Briffa [2008] UKEAT/0215/08/CEA).