Employee reward and benefits news
Complying with employer policies made clear with new ruling
A new ruling from the Employment Appeals Tribunal (EAT) has concluded that employees need to comply with employer rules for annual leave or risk losing their holiday.
The necessary clarification was handed down by the EAT, allowing employers to fully understand holiday entitlement rulings and resolve long-standing conflicts about whether or not workers are entitled to holiday pay even when they have not complied with a company's rules for taking time off.
It follows the recent case study of Lyons vs Mitie, which involved a holiday pay claim from an individual whose request to take annual leave was not compliant with notice requirements set down in his contract.
Despite the worker resigning over his inability to take outstanding holiday before the end of the year, his employment contract stated that he had to submit it four weeks before his application or otherwise have it judged on its merits.
Partner at international law firm Eversheds Owen Warnock said this law regarding holiday entitlements under Working Time Regulations has been unclear.
He continued: "This decision brings some welcome clarity to the issue and confirms that a worker must give the notice required by his contract in order to benefit from the rights under the Regulations."
Posted by Peter Chad
