Labour Research September 2002

Law Queries

Law Queries

Do we have the legal right to carry forward holidays that we haven't been able to take in the holiday year due to pressure of work?

Whether or not you can carry forward holidays will depend on what your employment contract says. Some contracts provide for a carry over of all outstanding leave, others limit it to a specified number of days.

The one thing that you cannot do is carry over any of the first 20 days of annual leave. These days are protected under the Working Time Regulations 1998 that lay down that every worker has the right to a minimum of 20 days (which can include bank and public holidays). The days cannot be traded for pay or for time off at a later date. The aim of the regulations is to protect workers' health by guaranteeing periods of total rest from work.

More information: "Ensuring you get your holiday entitlement", Labour Research, July 2002