Annual Leave carry forward entitlement

Burnieman

Can anyone confirm that the change to Govt legislation (Working Time regulations?) regarding holiday carry and the ability to carry forward for 2 years applies to everyone and not just essential workers? My company are trying to build a narrative that it doesn't apply to them, my contention is that it applies to all companies and therefore every employee has that right. Is there clear guidance from Govt on this?

I know Martin tweeted a few weeks ago "CONFIRMED: The ability to carry over unused annual leave for up to 2yrs due to working during Covid-19 is for all workers not just key workers"  "Yes it’s for everyone; technically any firm affected by Covid, but there aren’t many people that doesn’t apply to right now."  but it appears not all employers are taking this is the spirit that it is intended.

Undervalued

They may be allowed to do it but they don't have to do it, that much is certain. 

An employer has always be able to dictate when an employee can and cannot take their annual leave, providing they give notice of twice the length of leave that they are telling the employee to take. That hasn't changed.

All that has changed is that the employer can now choose to allow the employee to carry more leave over that was previously the case. However they don't have to allow it.

Burnieman

Undervalued said:

They may be allowed to do it but they don't have to do it, that much is certain. 

An employer has always be able to dictate when an employee can and cannot take their annual leave, providing they give notice of twice the length of leave that they are telling the employee to take. That hasn't changed.

So does the change in legislation give the employee the legal right to carry forward annual leave into 2021 and 2022, I guess that's my basic question.  Has the "use it or lose it" approach been set aside for everyone for the next two years?

Undervalued

No, because as I say the employer can instruct the employee to use up the leave just by giving notice.

Use it or lose it was never strictly lawful as far as statutory leave (28 days per year) was concerned. You always had the legal right to be allowed to take that. A very limited amount could be carried over by mutual consent. 

The employer could however have "use it or lose it" rules about any leave over and above the 28 day minimum.

All that has been changed is that more statutory leave can be carried over if both parties agree.

Burnieman

OK thanks.  So in effect the change is worthless if the employee cannot obtain agreement from their employer to carry forward annual leave into 2021?  If for example I have 7 days left come December and my employer says use it or lose it, what rights do I have, can I point to the change in legislation and carry these forward regardless?

sharpe106

You can point all you like. It is up to the company to decide. I think the idea was for companies that could not let people have the time of due to the virus rather then to make employees life's better. 

Burnieman

So really a worthless piece of legislation for an employee if your employer is playing hard ball, oh well.

sharpe106

No it will help some employees just not all. 

Undervalued

Burnieman said:

OK thanks.  So in effect the change is worthless if the employee cannot obtain agreement from their employer to carry forward annual leave into 2021?  If for example I have 7 days left come December and my employer says use it or lose it, what rights do I have, can I point to the change in legislation and carry these forward regardless?

No!
They can insist you use the leave long before then if they want to!
Sorry, but I have explained the situation twice. I realise it is not what you want to hear!

epm-84

Undervalued said:

Burnieman said:

OK thanks.  So in effect the change is worthless if the employee cannot obtain agreement from their employer to carry forward annual leave into 2021?  If for example I have 7 days left come December and my employer says use it or lose it, what rights do I have, can I point to the change in legislation and carry these forward regardless?

No!
They can insist you use the leave long before then if they want to!
Sorry, but I have explained the situation twice. I realise it is not what you want to hear!

If the employer is unaware of the change in legislation then I don't see what's wrong with pointing out the change.  If they are the impression full time employees MUST take 28 days annual leave by law this year but the law says it's OK for some of those to be rolled over then it might be they change their stance when they look in to it.  However, as you allude to it might be that they want their employees to take all their annual leave this year anyway, it really depends on their business situation.

epm-84

sharpe106 said:

No it will help some employees just not all. 

And employers - especially those who have furloughed staff and where they would prefer remaining staff not be taking annual leave while they are operating with very limited staffing.