Annual leave carry over

Fliss_M

Hi everyone
Sorry if this has been posted before, I did try and look. 
Is there somewhere I can be pointed over the annual leave carry over information? 
I'm part of those that are now working from home and its been suggested to still take holiday during this time (which, why would you want to, can't go anywhere or buy anything non essential).  While its not been mentioned yet, I get the impression we will not be granted the carry over and will still be expected to take then by the end of the holiday year.  But I have also read there will be financial penalties for companies that do not allow it?

Just wanting to get my position correct in case I need to reference it later.

Thanks x

calcotti

https://www.gov.uk/government/news/rules-on-carrying-over-annual-leave-to-be-relaxed-to-support-key-industries-during-covid-19

discussion of the issues here https://uklabourlawblog.com/2020/04/06/furloughing-and-fundamental-rights-the-case-of-paid-annual-leave-by-alan-bogg-and-michael-ford/

Fliss_M

But it says "reasonably practical" alot. 
My company will claim it's reasonably practical, they aren't stopping me from taking my holiday. 😞
Martin confirmed it's all employees effected by covid. However all the writing I can find seems aimed at those that can't take holiday because their work is vital. I.e. key workers. Not those working from home. 

gazwroe

Fliss_M said:

But it says "reasonably practical" alot. 
My company will claim it's reasonably practical, they aren't stopping me from taking my holiday. 😞
Martin confirmed it's all employees effected by covid. However all the writing I can find seems aimed at those that can't take holiday because their work is vital. I.e. key workers. Not those working from home. 

I’ve got exactly the same question. 

My employer has said that we are not able to carry any leave in to 2021 and that we should be taking leave whilst working from home in the next few weeks/months. 

The gov.uk website is not clear as it says “Key Workers” but Martin and the articles are saying everyone- but that’s not the official guidance that I can find. 

When questioned, my employer referred to us not being Key Workers, so this change / advice wasn’t applicable. 

We need a clear link to a government website with these details. Does anyone have this? Much appreciated. 

7Phil

My interpretation of the rules thus far suggest it is only an option for employees that are required to work (key workers) and cannot elect to use up their holidays because they are needed in this crisis. Those are the people that need their leave to be protected.

Another scenario might exist where the shut-downs cause some sort of a log-jam of people wanting to take leave at the end of the year and the employer does not have space to schedule everyone's leave like that. Again, those employees that would lose their leave have it protected if needed.

The advice may change, and I could be wrong too. However, I suspect if you are a regular employee working from home and there is no valid reason why you can't still take leave normally then you should plan to do so.
The fact that no one can go travelling or shopping does not negate the need for personal rest and time away from work.

A missed holiday opportunity is not really anyone's major concern right now so those rights probably aren't going to be enshrined in to law -- but it does sound sensible for it to be a part of an economic stimulus strategy over the next couple of years for the tourism sector!

calcotti

Earlier I referenced a discussion of the issues here https://uklabourlawblog.com/2020/04/06/furloughing-and-fundamental-rights-the-case-of-paid-annual-leave-by-alan-bogg-and-michael-ford/

this suggests that that it is arguable that taking holiday at home during lockdown may not meet the legal purpose of holiday because of the lockdown restrictions.

Fliss_M

7Phil said:

The advice may change, and I could be wrong too. However, I suspect if you are a regular employee working from home and there is no valid reason why you can't still take leave normally then you should plan to do so.
The fact that no one can go travelling or shopping does not negate the need for personal rest and time away from work.

Exactly how can I take time away from work when it's sat on my dining table in my kitchen? 

Fliss_M

calcotti said:

Earlier I referenced a discussion of the issues here https://uklabourlawblog.com/2020/04/06/furloughing-and-fundamental-rights-the-case-of-paid-annual-leave-by-alan-bogg-and-michael-ford/

this suggests that that it is arguable that taking holiday at home during lockdown may not meet the legal purpose of holiday because of the lockdown restrictions.

Thanks. I'll read on x

7Phil

Fliss_M said:

Exactly how can I take time away from work when it's sat on my dining table in my kitchen? 

Well, you would leave your work shut in a drawer and not log in or conduct any work at all and do other things with your time off.

However, I am just here to help you interpret the information we have at the moment. If you don't agree with it then it is not me that you need to argue your point with.