Carrying over annual leave?

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n1guy
n1guy Posts: 685 Forumite
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Can someone offer some advice here. I get 28 days annual leave running from Jan - December. Am I correct in thinking if this is not used up within the year some days can be carried over if the employee wishes? Meaning that the employer can not force you to carry days over?

Reason being my employer has become rather greedy of late taking on much more work than he can handle and we can foresee it screwing with our Christmas holiday entitlement. In the past before I started he has forced employee's to carry over holidays as he took on too much work.
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  • getmore4less
    getmore4less Posts: 46,882 Forumite
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    Up to 8 days can be carried over.

    They should not stop you taking 20 days.
  • n1guy
    n1guy Posts: 685 Forumite
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    Yes 8 days. But am I right in thinking this is if the employee wishes? The employer can not force you to carry them over to suit him?
  • bertiewhite
    bertiewhite Posts: 1,904 Forumite
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    getmore4less wrote: »
    Up to 8 days can be carried over.

    It depends on the employer, surely?

    I can carry over up to 15 days a year.
  • getmore4less
    getmore4less Posts: 46,882 Forumite
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    n1guy wrote: »
    Yes 8 days. But am I right in thinking this is if the employee wishes? The employer can not force you to carry them over to suit him?

    Unless there has been case law, working time regulations allow the employer to say when all holidays are to be be taken with only 4 weeks being statutory within the holiday year.
  • getmore4less
    getmore4less Posts: 46,882 Forumite
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    bertiewhite wrote: »
    It depends on the employer, surely?

    I can carry over up to 15 days a year.

    20 must be taken if you have 35days they can allow 15, if you only have statutory 28 then the limit is 8
  • ohreally
    ohreally Posts: 7,525 Forumite
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    I don't believe there is provision for you to sit on holidays and then inform your employer you want to carry then forward into the next leave year.
    Don’t be a can’t, be a can.
  • Undervalued
    Undervalued Posts: 8,853 Forumite
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    n1guy wrote: »
    Can someone offer some advice here. I get 28 days annual leave running from Jan - December. Am I correct in thinking if this is not used up within the year some days can be carried over if the employee wishes? Meaning that the employer can not force you to carry days over?

    Reason being my employer has become rather greedy of late taking on much more work than he can handle and we can foresee it screwing with our Christmas holiday entitlement. In the past before I started he has forced employee's to carry over holidays as he took on too much work.

    Be very careful what you wish for here!

    Unless there is any provision in your contract there is no "Christmas entitlement"! Your only entitlement is to 28 days holiday per year and your employer can totally dictate when you can take them.

    As others have said only eight of the 28 days can be carried over but my understanding is that your employer would not be acting unlawfully if they forced a situation where you had to carry up to eight days over. They must allow you (or instruct you) to take at least 20 days during the year but beyond that, unless your contract gives you extra rights, when is up to them.
  • n1guy
    n1guy Posts: 685 Forumite
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    We’ve only 8 days left which we won’t get this year and this is legal? What’s the point of 28 days per year if you don’t get them
  • Comms69
    Comms69 Posts: 14,229 Forumite
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    It's not legal no, there must be provision to take the holiday.


    Put in a request in writing.


    That said, is your holiday year jan-dec or apr-mar (or other variant?)
  • n1guy
    n1guy Posts: 685 Forumite
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    Ok folks I ran this by Acas. Yes 8 days can be carried over but it comes diwn to agreement as I thought. You can not be forced to carry over the 8 days
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