PART 2Rights and Obligations Concerning Working Time

Entitlement to annual leave15

1

Subject to paragraph (4), a worker is entitled to four weeks’ annual leave in each leave year.

2

A worker’s leave year, for the purposes of this regulation, begins—

a

on such date during the calendar year as may be provided for in a relevant agreement; or

b

where there are no provisions of a relevant agreement which apply, on the date on which the worker’s employment begins and each subsequent anniversary of that date.

3

Paragraph (2) does not apply to a worker to whom Schedule 2 applies (workers employed in agriculture) except where, in the case of a worker partly employed in agriculture, a relevant agreement so provides.

4

Where the date on which a worker’s employment begins is later than the date on which (by virtue of a relevant agreement) the worker’s first leave year begins, the leave to which the worker is entitled in that leave year is a proportion of the period applicable under paragraph (1) equal to the proportion of that leave year remaining on the date on which the worker’s employment begins.

5

Leave to which a worker is entitled under this regulation may be taken in instalments, but—

a

it may only be taken in the leave year in respect of which it is due, and

b

it may not be replaced by a payment in lieu except where the worker’s employment is terminated.