Wednesday Blog – Did You Know?

Did You Know? Holiday Carry Over Rules Still Catch Employers Out

Holiday entitlement is one of the most misunderstood areas of UK employment law.

Under the Working Time Regulations 1998, employees are entitled to a minimum of 5.6 weeks’ paid annual leave — but rules around carry over are often overlooked.

When Can Holiday Be Carried Over?

Employees may carry forward leave where:
✔ They were unable to take it due to sickness
✔ They were on statutory leave (e.g. maternity)
✔ The employer failed to allow them to take it

Key Risk for Employers

If you do not:

• Encourage employees to take holiday
• Give a real opportunity to take leave
• Warn that unused leave may be lost

👉 Employees may legally carry forward untaken holiday — increasing future liability.

Common Mistakes

❌ “Use it or lose it” without proper communication
❌ Not tracking holiday accurately
❌ Failing to manage leave during busy periods

How Consensus HR Helps

We support businesses by:
✔ Managing holiday policies
✔ Ensuring compliance with UK law
✔ Supporting Breathe HR holiday tracking
✔ Preventing financial and legal risk

Comment from Matthew Chilcott – Owner

“Holiday entitlement is not just an administrative task — it is a legal obligation. Employers must actively manage it to avoid unexpected liabilities.  We always advise our clients to ensure that half way through their holiday year that they analyse how much holiday is still outstanding and then work with their team to ensure it is managed for the rest of the year, to the benefit of the team member and company.  Employers and Employees should also remember that when booking a holiday, it is a request, so can be managed but must be provided!”

📞 https://www.consensushr.com/services
📧 [email protected]