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Workers are entitled to a minimum of 28 days, which usually includes the 8 Public and Bank Holidays.New Regulations have been passed to relax the Working Time Regulations (WTR) which govern the minimum entitlement to holiday and the rules about carry over of holiday.
Usually, the statutory minimum holiday entitlement under the WTR holiday cannot be carried over into the next holiday year, unless the employee is on long term sick leave or maternity leave and the employee can only be paid in lieu of this entitlement if not taken upon termination of employment.
The new Regulations which will apply to the 4 weeks holiday provided for under Regulation 13 of the WTR which can now be carried over into the next 2 holiday years where it is not reasonably practicable for the worker to take some, or all, of the holiday he/she is entitled to due to the Corona virus. The worker shall also be entitled to be paid in lieu of this carried over leave if he/she leaves their employment before it has been taken.
Note, however, that the additional 1.6 weeks of annual leave provided for under Regulation 13A the WTR are subject to different rules on carry-over. This element of the statutory minimum leave entitlement will not be allowed to be carried over for up to 2 years. Instead, it remains the case that it can be carried over for up to a year by agreement under the existing legislation.
The new Regulations also introduce a restriction on an employer’s right to refuse leave on particular days. The employer will only be able to require a worker not to take carried-over leave on particular days where the employer has ‘good reason’ to do so.
Please get in touch if you have any questions regarding the issues discussed in this article
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