Ace Payroll: Holidays Act Section 12 When annual holidays to be taken




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Guide to Holidays Act 1981

Note: This is the text of the old Act that remains in force until 31st March 2004. From 1st April 2004 leave is governed by the Holidays Act 2003

Section 12 When annual holidays to be taken

In Plain English

Of the three weeks annual holidays an employee is entitled, a employee can insist on two weeks of it being uninterrupted.
An employee's holiday entitlement never expires but continues to accrue until either the days are taken or they terminate their employment.
Unless otherwise provided for in an employment contract, it is the employer's right to decide when the holidays shall be taken, but that decision must be made in consultation with the employee taking into account work requirements and the opportunities for rest and recreation available to the worker.
An annual holiday may be taken by the worker in more than one period provided that is mutually agreeable to both parties.
Where a worker and his employer so agree, any annual holiday to which the worker may become entitled may be taken wholly or partly in advance.

Legislation

12.1 Where a worker becomes entitled to an annual holiday, then, subject to section 14 of this Act, the employer shall allow to the worker at least 2 uninterrupted weeks of that holiday commencing within 6 months after but excluding the date on which he becomes so entitled, and shall allow to him any balance of that holiday commencing within 12 months after but excluding that date.

12.1A [Where an employer fails to allow a worker to take, within the 12 month period specified in subsection (1) of this section, any holiday or any balance of it to which that worker may be entitled, then,

(a) The employer's obligation to allow that holiday or the balance of it shall remain in force until it is allowed; and

(b) The worker's entitlement to that holiday or the balance of it shall not cease until it is allowed.]

12.2 Except where the worker's contract of service otherwise provides, the time at which any annual holiday to which the worker has become entitled may be taken shall be fixed by his employer after consultation with the worker, and, in fixing that time, work requirements and the opportunities for rest and recreation available to the worker shall be taken into account.

12.3 Subject to subsection (1) of this section, where the worker and his employer so agree, an annual holiday may be taken by the worker in more than one period.

12.4 Where a worker and his employer so agree, any annual holiday to which the worker may become entitled may be taken by the worker wholly or partly in advance.

Cf. 1944, No. 5, s. 3 (3), (4), (5); 1974, No. 149, s. 3

Subs. (1A) was inserted by s. 3 of the Holidays Amendment Act 1983. In subs. (2) words were omitted by s. 9 of the Holidays Amendment Act 1991.