A useful decision from the EAT (Employment Appeal Tribunal)

Should you have staff who fail to take their holiday until the end of your company holiday year, you might well find this decision of the EAT useful. Bear in mind that decisions of the EAT are binding on employment tribunals.

In Lyons v Mitie Security the EAT held that the right to statutory leave is not inalienable. So what does that mean in plain English?

Well, if you have a notice requirement that you have to be given a month’s notice of holiday requests of a week or more & an employee (or several employees) request time in the last month of the holiday year having failed to give that notice, you as employer may say “No”. What is more, you would not be obliged to let them carry the unused leave over to the following holiday year.

All in all, a useful decision – but one to be followed very carefully.