Holiday Entitlement – Employment Law
Holiday entitlement and holiday pay
Whether you can carry unused holiday into the next year depends on your contract. If there is no specifics written, you can agree with your employer to roll over up to 8 days of unused holiday, however this is at the employers discretion. If you were unable to take your annual leave due to sickness, your employer must allow you to roll over up to 20 days maximum from your 28 day entitlement.
An employer is entitled to cancel your pre-booked holiday so long as they give notice of the same length of the leave. This means that if you have booked 2 weeks off, the employer must give at least 2 weeks notice to cancel. However, if cancelling your holiday means that you cannot use your full entitlement of annual leave for the year, then the employer cannot cancel the holiday.
You may have a case for constructive dismissal if your employer cancels your pre-booked lave without having a clear business reason and without giving compensation, particularly if you suffer a financial loss due to a holiday you have already booked. You would be required to prove that the cancellation of your holiday has severed your trust and confidence with your employer.
The Deduction from Wages (Limitation) Regulations 2014 has been introduced by the government which;
(1) limit all unlawful deductions claims to the period of two years before the date that a claim form is lodged; and,
(2) explicitly state that the right to paid holiday is not incorporated as a term in employment contracts
This is to prevent employees from bringing long-term claims for outstanding holiday pay to the civil or tribunal courts.