Call us on:  0808 172 93 22

On The 1st Day of Christmas…

1st Day of ChristmasSUMMARY: In our series “The 12 Days of Christmas”, which will be posted in the run up to Christmas, we provide guidance on some of the common challenges employers face during the Christmas period.

On the 1st day of Christmas my employee said to me…“I’m not well and have holiday booked but I don’t want to lose it, can an exception be made to the use it or lose it policy?” 

Increased absence levels coupled with the fact many employees are trying to take their last few days’ annual leave, present employers with the above conundrum. In the past, the answer to the employee’s question was likely to be “no”. Times have changed and the following factors need to be considered before responding:

Two additional considerations for employers are as follows: firstly, when calculating holiday pay, employers should not forget to ensure that any holiday pay is calculated correctly. For example, are the relevant overtime payments being properly accounted for? And secondly, employers should not forget that they will also need to consider the right of carry over in the context of family friendly leave.

Contact Details

For more details about the issues in this article please contact:

fgmedia@fgsolicitors.co.uk

+44 (0) 808 172 93 22

This update is for general guidance only and does not constitute definitive advice.

Updated: by FG Solicitors
Call us on:  0808 172 93 22

ON THE 1ST DAY OF CHRISTMAS…

1st Day of ChristmasSUMMARY: In our series “The 12 Days of Christmas”, which will be posted in the run up to Christmas, we provide guidance on some of the common challenges employers face during the Christmas period.

On the 1st day of Christmas my employee said to me…“I’m not well and have holiday booked but I don’t want to lose it, can an exception be made to the use it or lose it policy?” 

Increased absence levels coupled with the fact many employees are trying to take their last few days’ annual leave, present employers with the above conundrum. In the past, the answer to the employee’s question was likely to be “no”. Times have changed and the following factors need to be considered before responding:

  • Under the Working Time Regulations 1998 (“WTR”) ordinarily statutory annual leave may only be taken in the leave year in respect of which it is due.
  • Whilst it is open for an employer to have a “use it or lose it” policy, where an employee’s statutory annual leave (4 weeks) coincides however with a period of sickness incapacity, the employee must have the option of switching their holiday to another time; even if the leave falls after the end of the relevant holiday year. Current case law indicates that 18 months following the end of the relevant leave year should be regarded as the cut-off for the purposes of carry over.

Two additional considerations for employers are as follows: firstly, when calculating holiday pay, employers should not forget to ensure that any holiday pay is calculated correctly. For example, are the relevant overtime payments being properly accounted for? And secondly, employers should not forget that they will also need to consider the right of carry over in the context of family friendly leave.

Contact Details

For more details about the issues in this article please contact:

fgmedia@fgsolicitors.co.uk

+44 (0) 808 172 93 22

This update is for general guidance only and does not constitute definitive advice.