Following our previous legal update, The Working Time (Coronavirus) (Amendment) Regulations 2020 Amendment has been published.
The amendment itself is short, sweet and self-explanatory – https://www.legislation.gov.uk/uksi/2020/365/made
The wording of the legislation states that any worker who has not been able to take some or all of their holiday allowance due to the effects of coronavirus will be entitled to carry forward their annual leave.
This will be allowed to be taken over the immediate next two leave years (yes, that means 2021 and 2022)!
If the worker’s employment is terminated, the employer will still need to pay the worker in lieu of the accrued leave not used.
Whilst the wording itself is vague and refers to a worker who has not been able to use annual leave due to coronavirus, it is in our opinion that this will therefore be applicable to all.
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