The Working Time Regulations 1998 do not rule out all flexibility and modifications. In some circumstances agreements may be concluded to cover a situation. This may be a collective agreement or a workforce agreement and/or it may be a written “ relevant agreement “ or part of the written terms of a contract of employment. Regulation 13 of the WTR relates to entitlement to annual leave, Regulation 13A to additional annual leave, and Regulation 14 to compensation related to entitlement to leave. In CONNOR v CHIEF CONSTABLE OF SOUTH YORKSHIRE (2023) EAT 42 it is held that a “ relevant agreement “ as to the calculation of final holiday pay cannot be an agreement which would permit the employer to pay less under Regulations 13 & 13A in the case of an incomplete leave year than that which would be required under Regulation 14.

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