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Who is regulated by the the WTR 1998?

Who, if anyone, is in breach of the Working Time Regulations 1998 (and thus presumably committing an offence) if an employee of a large company does not take their full regulation minimum leave entitlement in a year?

--
Min Bob

Comments

  • sangie595
    sangie595 Posts: 6,092 Forumite
    Min_Bob wrote: »
    Who, if anyone, is in breach of the Working Time Regulations 1998 (and thus presumably committing an offence) if an employee of a large company does not take their full regulation minimum leave entitlement in a year?

    --
    Min Bob


    "Does not take" or "cannot take"? Nobody is forced to take their annual leave - if you do not take it, then you do not take it. If you are not allowed to take it, in the end you have a claim to an employment tribunal, if the grievance procedure does not result in a solution.
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    If the employee never asked for the time off.

    I don't think any rules have been broken.

    Why not read the legislation(you need to read all the amendements as well) there is some info on enforcement.
  • sangie595 wrote: »
    "Does not take" or "cannot take"? Nobody is forced to take their annual leave - if you do not take it, then you do not take it. If you are not allowed to take it, in the end you have a claim to an employment tribunal, if the grievance procedure does not result in a solution.

    "Does not take", as in never gets around to it. If no-one has stopped them taking it, but they simply never actually took it, have the regs been broken? The reason I ask is that the company my wife works for has an annual leave policy which states that if annual leave entitlement isn't used up in the year then "you will breach the Working Time Regulations 1998."
  • agrinnall
    agrinnall Posts: 23,344 Forumite
    10,000 Posts Combo Breaker
    They are probably wrong, but if they want to ensure all employees take their full allocation then they should be proactive in enforcing it.
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