The statutory written statement of main terms and conditions of employment must include confirmation of the amount of paid annual leave to which an employee is entitled. This amount will then become a contractual right.
The statutory statement should also include the conditions, if any, that apply to the taking of the holiday entitlement.
In the absence of any written confirmation of the holiday entitlement, a verbal commitment may however be relied upon by the employee.
The Working Time Regulations 1998 established the basis for paid annual leave and the amount of entitlement was increased by the Working Time (Amendment) Regulations 2007 which came into effect on 1st October 2007.
These regulations increased the holiday entitlement to 4.8 weeks, with effect from that date, and a further increase to 5.6 weeks from 1 April 2009.
Contracts of Employment can amend the holiday entitlement and specify fixed days that have to be taken as holiday. Such contracts cannot however provide for less holiday than the statutory minimum laid down by the regulations.