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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 44941
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Can I be forced to take all my annual holiday? If I fail

Customer Question

Can I be forced to take all my annual holiday?

If I fail to take my entire holiday entitlement in that year I am aware that I can't carry any over (only lieu days) and I don't benefit from not taking them (ie don't get any additional payment).

I am being told that it is illegal.

Is ths true?
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is Ben and it is my pleasure to assist you with your question today. How long have you worked there? Are they doing this to everybody?

JACUSTOMER-kmn03a4b- :

I have been on this contract for 8 years.

JACUSTOMER-kmn03a4b- :

It probably won't be everyone as it could only be me that doesn't take all my holiday entitlement

Ben Jones :


OK, thank you, please leave this with me - I will look into this for you, get my response ready and get back to you on here. No need to wait around and you will get an email when I have responded, thank you

Ben Jones :

Many thanks for your patience. According to the Working Time Regulations, employers are able to force employees to take their holiday allowance at any time the employer wants. It basically means that if an employee has any outstanding holiday leave for the current holiday year, the employer can force the employee to take that at any time. All that is needed is a minimum notice period, which must be at least twice as long as the holiday to be taken. So, for example, you have 5 days outstanding holidays for the current holiday year and the employer wants to force you to use that holiday up before the end of the year. They can do so if they give you at least 10 days' notice before the holiday is due to be taken.

JACUSTOMER-kmn03a4b- : So basically if I don't need / want to take any days off I have no choice.... They can tell me that as from ???? I am/will be on annual leave.....
Ben Jones :

Yes that is correct, for example if an employer has notice that you have some outstanding days and you are approaching the end of the holiday year, the employer could force you to take these days off and send you off on annual leave. However, they must give you the minimum notice as stated in my earlier response, which must be at least twice as long as the duration of leave to be taken

Ben Jones :

I hope this has answered your query. Please take a second to leave a positive rating, or if you are unhappy for some reason with the advice - please get back to me and I will assist further as best as I can. Thank you very much

JACUSTOMER-kmn03a4b- :

one last question - I work mon - fri one week then sun - thurs the next....... can I say take a sun off as holiday then work the fri as an overtime (6th shift)?

Ben Jones :

You can request to take the Sun off as holiday but the employer does not have to grant you that request because by law they can also reject a holiday request. So there is no harm in trying and then working the Fri as overtime but remember that this can be rejected by the employer

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