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Burden on employers to give workers opportunity to take holiday

The European Court of Justice has held that if a worker doesn't apply for the minimum annual leave due during a holiday year, the right to that leave is not lost at the end of the year, unless the employer has diligently given the worker the opportunity to take it.

Employers need not require employees to take leave, but must inform them accurately and in good time of the right. This demonstrates the importance of having clear provisions in a contract of employment.

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