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Employees can lose holiday by failing to comply with notice requirements

Issue 34 - February 2010

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The Employment Appeals Tribunal (EAT) has confirmed that employees must correctly follow their employer's rules for taking holiday (or, if no such rules exist, the holiday notice provisions of the Working Time Regulations (WTR)). If not, employees could lose unused holiday entitlement at the end of the leave year.  The Working Time Regulations have rules about giving notice of holiday. Employees must give notice that is twice as long as the holiday asked for; however these statutory rules can be varied in an employment contract.

 

Mr Lyons was employed as an 'as required' security officer for Mitie Security. On 6 March 2008 he requested nine days outstanding holiday. His request was refused because he had not given the correct contractual holiday notice (four weeks) that was required under his contract of employment. His holiday was therefore forfeited.  Mr Lyons resigned, citing the refusal to pay holiday pay as one of his reasons and brought tribunal proceedings.