Contractual Holiday Entitlement Carryover

Summary

In England, the case of King v The Sash Window Workshop Ltd (C-214/16) addresses the carryover of holiday entitlements when an employers actions prevent an employee from taking leave. For holidays beyond the statutory 20 days, the carryover depends on the employment contract terms. If no express carryover policy exists, mutual agreements may dictate entitlement. Employers must provide contracts within two months of employment. If entitlements were withheld due to employer actions, legal advice or contacting ACAS may be beneficial.

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contractual, not the 20 days. the one over 20 days
Hey! For holidays beyond the statutory 20 days, the carryover of contractual holiday entitlement depends on the terms of your employment contract. Generally, if your contract allows for the carryover of additional holidays, it must be honored by the employer.
Could you share more details about the terms specified in your employment contract?
there is no express carryover policy or provision in the contrct. However, there is a mutually agreed provision for the date when to be given the day in lieu of working a bank holiday.
In your situation, since there is no express carryover policy in the contract but there is a mutually agreed provision for a day in lieu of working a bank holiday, it may be interpreted that the entitlement is addressed through mutual agreements rather than automatic carryover.
Does your employer adhere to this mutual agreement consistently?
I have just received my contract and found out about this entitlement. They were witholding my contract for 13 years saying it is lost, they do not find it, etc... when a new HR came, they have found it after 13 years. That time my english was limited, did not know exactly what my entitlements were. So for this year, the employer added 8 days in lieu to my holiday management app, but not for previous years. They say that for the previous years, the entitlement of 8 days in lieu is lost
Hi there! In your situation, it seems your employer might be in breach of their obligations. Here are some points to consider:
- Employers must provide employment contracts within two months of starting work.
- The European Court of Justice case of *King v The Sash Window Workshop Ltd (C-*/*)* indicates holiday entitlements can be carried over if the employee was unable to take them due to employer actions.
You might want to seek advice from an employment lawyer or contact ACAS (Advisory, Conciliation and Arbitration Service) for further assistance.
Is there anything else you need help with?