Abstract
Abstract This chapter considers the right to take and be paid for annual leave. Many workers will have such rights under their contract with their employer, and these rights may be more favourable than the entitlements under the Working Time Regulations 1998 (WTR). The WTR rights, however, underpin every contract, and provide a minimum standard in relation to annual leave. In this chapter, the 5.6 weeks’ leave to which workers are entitled under the WTR is referred to as ‘statutory leave’. Any additional entitlement given to a worker under his contract is referred to as ‘contractual leave’. A worker is expressly permitted by the WTR to exercise whichever right is more favourable to him—statutory or contractual. Contractual terms which are more favourable to the worker than the WTR provisions would apply to all leave that was covered by the contract—both statutory and contractual.
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