Are employers responsible for ensuring annual leave is taken?

There are countless amounts of research talking about the importance of taking annual leave, and the effects of not having a break from work. The consequences of not taking a break include low productivity, performance and attendance, as well as health (physical and mental) impacts, fatigue and low motivation.

Employers have a duty of care to ensure that they create a safe working environment, and ensure that staff are not working in a way that causes the injury or negatively affects their health.

Annual leave is determined by the Working Time Regulations 1998 (WTR). The WTR sets out the legally required rest periods and annual leave for employed staff.

In the UK, workers are entitled to 5.6 week’s annual leave, which is made up of 4 weeks annual leave, and 1.6 weeks (8 days) bank holidays. This is pro-rata for part time staff.

Within the Working Time Regulations, regulation 13 (s 16) explains the employers duty when it comes to annual leave. It says an employer must –

• Recognise a worker’s right to annual leave

• Give the worker a reasonable opportunity to take the leave they are entitled to, or encourage them to do so

• Inform the worker that any leave not taken by the end of the leave year, which cannot be carried forward, will be lost.

If the employer fails the above, Regulation 13 (17) states that any annual leave accrued and not taken, or taken and not paid for must carry forward to the next year.

What should you do to manage annual leave?

In accordance with the above, it is essential that employers are given the opportunity to take their leave. Although you can specify times that leave can, or cannot, be taken, you must allow sufficient time for all staff to use their full entitlement.

In addition, you must inform that any leave not taken, will be lost. This can be specified in contracts, handbook, annual leave policies etc – as long as it is included.

It is a good idea to monitor annual leave throughout the year to ensure that it is being used by staff, and encouraging those who do not book leave regularly to do so.

Can you “force” staff to take annual leave”?

Yes you can, however when booking leave for staff you must give twice the amount of notice than the leave being taken. Ie if you are booking off 1 weeks leave for an employee, you need to give 2 weeks’ notice to do so.

Will there be changes under the Employment Rights Bill?

The Bill will see the establishment of the Fair Work Agency, who will have enforcement powers including being able to bring tribunal claims on behalf of individuals on a range of issues including annual leave.

Support

If you need any help managing annual leave allocation, or any other support related to annual leave, please contact us (team@hrprime.co.uk).