The Working Time Regulations (WTRs) introduced a new right to paid holidays for most workers. However, some workers were not covered when the WTRs came into force in October 1998. Since the regulations were amended, with effect from 1 August 2003, the majority of these workers have been entitled to paid holidays, and since 1 August 2004 the regulations have also applied to junior doctors.
Workers who qualify are entitled to no fewer than four weeks of paid holiday a year, and public holidays ( normally eight days in England and Wales) count towards this. However, workers and employers can agree longer holidays.
For the first year of work, special accrual rules apply. For each month of employment, workers are entitled to one twelfth of the annual holiday. After the first year of employment, you can take your holiday entitlement at any time, with your employer's approval.
Before taking holidays, you must guve your employer notice of at least twice the length of the holiday you want to take: for instance, to take a five-day holiday, you must give at least ten days' notice. If your employer does not want you to take that holiday, they can give you counter-notice equal to the holiday - for example, give days' notice not to take a five-day holiday.
If the employer wants you to take a holiday at a given time, e.g. when there is a shutdown at the same time every year, they must give you notice of at least twice the length of the holiday. There is no right for the worker to take that holiday at a different time.
Holiday cannot be carried over to the next year, unless your contract of employment allows this to happen. Nor can you be paid in lieu of your holiday. However, when you leave the job, you are entitled to receive payment for any outstanding holiday, provided your contract specifically allows for this.
It may be that your contract gives you better rights, or your holiday rights might be specified in a collective agreement. Your union representative can advise you on this.