The Government has amended working time legislation with immediate effect to provide that the EU-derived 4 week statutory annual leave entitlement (which must normally be taken by the end of the leave year) can be carried over into the next two leave years where it was not reasonably practicable for the worker to take some or all of the leave as a result of the effects of coronavirus (including on the worker, the employer or the wider economy or society).
An employer may only exercise its right to require a worker not to take this carried-over leave on particular days requested by the worker (by giving notice of at least twice as long as the holiday period) if the employer has 'good reason' to do so. 'Good reason' is not defined.
The usual requirement for payment in lieu of untaken entitlement on termination is also extended to cover this carried-over leave.
Note that this does not apply to the additional 1.6 weeks of annual leave provided under domestic law, which can already be carried over for one year if the contract so provides. Carry-over of any additional contractual holiday entitlement will depend on the terms of the contract.
Key contacts
Steve Bell
Managing Partner - Employment, Industrial Relations and Safety (Australia, Asia), Melbourne
Emma Rohsler
Regional Head of Practice (EMEA) - Employment Pensions and Incentives, Paris
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