The Working Time (Coronavirus) (Amendment) Regulations 2020
Discussion
98elise said:
Surely if a company is not letting people take leave then that's a breach of contract?
It's more in this case of staff being unable to take leave for half the year where there was skeleton staff with people on furlough, or being discouraged from doing so.Many are now told to either use it or lose it, but the regulation states that they should not lose it. I am asking how wide the scope of this legislation is.
R Mutt said:
98elise said:
Surely if a company is not letting people take leave then that's a breach of contract?
It's more in this case of staff being unable to take leave for half the year where there was skeleton staff with people on furlough, or being discouraged from doing so.Many are now told to either use it or lose it, but the regulation states that they should not lose it. I am asking how wide the scope of this legislation is.
The rule applies to statutory annual leave only; if a worker has more than the statutory amount, those extra days are at risk as they are not protected. If it's company policy that you're not allowed to carry forward any days, then workers have use those extra days before end of the holiday year. They should be allowed to carry forward a statutory annual leave.
parabolica said:
The rule applies to statutory annual leave only; if a worker has more than the statutory amount, those extra days are at risk as they are not protected. If it's company policy that you're not allowed to carry forward any days, then workers have use those extra days before end of the holiday year. They should be allowed to carry forward a statutory annual leave.
The extra days (e.g. Bank Holidays) should be covered by agreement with the employer. Although for me, amount of carryover has been at manager's discretion so presumably this is in my contract somewhere otherwise I'd probably get nothing.Being told by HR that it's still manager's discretion despite the new regs.
I'm sure this is just so they have have someone else refuse the carryover to avoid them having to address the legalities but under what grounds may firms not be in the scope, or am I overestimating the scope?
I'm sure this is just so they have have someone else refuse the carryover to avoid them having to address the legalities but under what grounds may firms not be in the scope, or am I overestimating the scope?
Edited by R Mutt on Wednesday 21st October 18:39
My employer took four days of my allowance to allow for an early shutdown over Christmas. Now it's getting near the end of the year and they're getting twitchy about getting product out before the end of the year so they've changed their mind. Great, could have done with those four days in the summer, not at the fag end of the year.
Countdown said:
The way I read it - if it's not possible for staff to take their Annual Leave due to workload issues then Employers can allow them to carry it forward.
However I don't think the carryforward is something that Employees can insist on because of personal preference.
That was the thing. Firm are now more in line with the regs in that it's a max 10 days but in exceptional circumstances. But a pandemic, or the fact that peoples remaining vacation is roughly the same as the number of working days in the year but we can't have multiple people off, seemingly isn't exceptional enough. Presumably the taking of leave would have be be prevented by rest of the team being struck dead for us to carry 10 daysHowever I don't think the carryforward is something that Employees can insist on because of personal preference.
myvision said:
We've been told we can carry a maximum of 5 days over into 2021 but those 5 days have to be used by the end of January 2021.
It makes little sense to have everyone cramming them in (that would mean someone on my team being off every day in January). They must just want people to lose them. It's sensible to have people off during a quiet month but that's not the reason people ordinarily avoid talking time off in January. It's because they're happy to return to some sort of routine after Christmas R Mutt said:
Leave refused but manager covering themselves deflecting to staff for not booking earlier in the pandemic. Not sure that really holds up to the entire 3rd quarter.
Write back citing the above mentioned rules and that you will now carry any statutory leave balance to the next holiday year or rebook asap for Q4.edc said:
R Mutt said:
Leave refused but manager covering themselves deflecting to staff for not booking earlier in the pandemic. Not sure that really holds up to the entire 3rd quarter.
Write back citing the above mentioned rules and that you will now carry any statutory leave balance to the next holiday year or rebook asap for Q4.anonymous said:
[redacted]
Seems plain enoughWorkers who have not taken all of their statutory annual leave entitlement due to COVID-19 will now be able to carry it over into the next 2 leave years, under measures introduced by Business Secretary Alok Sharma today (Friday 27 March).
Currently, almost all workers are entitled to 28 days holiday including bank holidays each year. However, most of this entitlement cannot be carried between leave years, meaning workers lose their holiday if they do not take it.
There is also an obligation on employers to ensure their workers take their statutory entitlement in any one year – failure to do so could result in a financial penalty.
The regulations will allow up to 4 weeks of unused leave to be carried into the next 2 leave years, easing the requirements on business to ensure that workers take statutory amount of annual leave in any one year.
This will mean staff can continue working in the national effort against the coronavirus without losing out on annual leave entitlement.
it applies to all employees, the type of business is irrelevant
The reference originally made was to key industries was to protect them from a large percentage their work force being off at one time, hence the reasoning behind spreading over 2 years
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