COVID-19: Annual leave allowed to be carried over

legal updates

Any workers which have not taken all of their statutory annual leave because of COVID-19 will now be allowed to carry it over into the next two leave years.

Read our disclaimer keyboard_arrow_down

This website content is intended as a general guide to law as it applies to the motor trade. Lawgistics has taken every effort to ensure that the contents are as accurate and up to date as at the date of first publication.

The laws and opinions expressed within this website may be varied as the law develops. As such we cannot accept liability for or the consequence of, any change of law, or official guidelines since publication or any misuse of the information provided.

The opinions in this website are based upon the experience of the authors and it must be recognised that only the courts and recognised tribunals can interpret the law with authority.

Examples given within the website are based on the experience of the authors and centre upon issues that commonly give rise to disputes. Each situation in practice will be different and may comprise several points commented upon.

If you have any doubt about the correct legal position you should seek further legal advice from Lawgistics or a suitably qualified solicitor. We cannot accept liability for your failure to take professional advice where it should reasonably be sought by a prudent person.

All characters are fictitious and should not be taken as referring to any person living or dead.

Use of this website shall be considered acceptance of the terms of the disclaimer presented above.

There has been a lot of Government announcements over the last week or so, but recently an announcement on Friday the 27th March 2020 was made in relation to annual leave. 

Any workers which have not taken all of their statutory annual leave because of COVID-19 will now be allowed to carry it over into the next two leave years. 

For clarity, this is in relation to the four weeks (not 5.6 weeks) of annual leave. 

Apart of The Working Time (Coronavirus) (Amendment) Regulations 2020 (yet to be published), an amendment to regulation 13 of the Working Time Regulations allows workers to carry over EU holiday (four weeks) into the next two leave years where an employee has not been able to utilise the holiday entitlement due to coronavirus. 

The outstanding statutory leave (1.6 weeks) will not be affected. However, It can be carried over for up to a year by agreement with the employer under the existing law. 

Usually, a worker will lose their entitlement to their annual leave if they do not utilise it, but the new measures introduced by Business Secretary Alok Sharma ensures that the workers affected by coronavirus will still be able to utilise their annual leave. Business Secretary Alok Sharma said, “Whether it is in our hospitals, or our supermarkets, people are working around the clock to help our country deal with the coronavirus pandemic. Today’s changes will mean these valued employees do not lose out on the annual leave they are entitled to as a result of their efforts, and employers are not penalised”.

WeRecruit Auto LtdPermanent Automotive Recruitment from an experienced and trustworthy recruitment partner.

We cover roles within all departments and sectors of the Automotive industry, and are here to listen to your specific needs and find the most suitable candidates to fit your business.

Roxanne BradleyLegal AdvisorRead More by this author

Related Legal Updates

Pandemic impact on annual leave entitlement

The change in March 2020 allowed for four weeks of annual leave to be carried over. So, as a reminder, any carried over leave must be used in 2022!

Right to work – adjusted checks extended to 30 September 2022

Job applicants and existing employees can send scanned documents or a photo of documents for checks using email or a mobile app, rather than sending originals.

See you in court… in a year or so…

Before deciding to issue or defend proceedings, it is important to consider how court delays may impact you as a business and as an individual.

Changes to pre-employment checks on the right to work in the UK

The current laws regarding pre-employment checks on foreign recruits is due to change from 6 April 2022.

End of COVID-19 restrictions – Employment implications

Until 24 March 2022, Statutory Sick Pay (SSP) will continue to be available to employees who self-isolate.

A word of caution – Dismissal of an anti-vaccination employee ruled to be fair

Does this decision lend grounds for employers to dismiss staff refusing a COVID-19 vaccine at present?

Employment Bill

Flexible working request is already in place but adjustments will be made which will allow the employee the right to request flexible working from day one of employment.

Get in touch

Complete the form to get in touch or via our details below:

Phone
01480 455500
Address

Vinpenta House
High Causeway
Whittlesey
Peterborough
PE7 1AE

By submitting this quote you agree to our Terms & Conditions and Privacy & Cookies Policy.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.