I work for a construction company and the wages department are in the habit of allowing our site operatives to have their holiday pay when they request it even though they may not be taking their holidays until weeks later.

More worryingly (I think), we then have site operatives who work through the year and don’t take holidays at all. The only holidays they take are bank holidays and our close-down periods over easter and christmas. One of our guys hasn’t taken his annual leave for 3 years – he just takes his pay and continues to work!

Am I right in thinking that as long as an employee has had 20 days per year (including bank holidays) then we wouldn’t be in breach of the Working Time Regs?

Your comments would be appreciated
Claudia Wallace