Q&As

Does an employee continue to accrue entitlement to annual leave (whether contractual or statutory) while engaged in official and lawful strike action?

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Published on: 27 September 2022
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As our in-house team are England and Wales qualified our LexisAsk service does not cover questions outside of this jurisdiction.

This Q&A refers you to the following information, based on the law of England and Wales, which you may find useful.

The right to take time off from work for holidays may arise under contract or statute.

In relation to statutory holiday entitlement, the Working Time Regulations 1998 (WTR 1998), SI 1998/1833, which implement Directive 2003/88/EC, the Working Time Directive (WTD), give workers a statutory entitlement to paid holiday.

This entitlement is to a total of 5.6 weeks' annual leave each 'leave year', made up of:

  1. •

    a basic entitlement to a minimum of four weeks' annual leave (20 days for a regular full-time worker) each leave year, implementing the right to annual leave under the Working Time Directive

  2. •

    an additional entitlement to 1.6 weeks' annual leave (eight days for a regular full-time worker) each leave year, which is

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