LRD guides and handbook August 2020

Health and Safety Law 2020

Chapter 10

Carrying forward holiday

[ch 10: page 190]

The Working Time (Coronavirus) (Amendment) Regulations 2020 came into force on 27 March 2020. These mean that if, because of the effects of coronavirus (including on the worker, the employer, the economy or wider society), it has not been “reasonably practicable” for a worker to take some or all their four weeks’ holiday entitlement under the European Working Time Directive in any holiday year, they must be allowed to carry that holiday forward into the next two holiday years. If their employment is terminated, they must be paid in full for any of this carried-forward holiday that is left untaken at the termination date.

These regulations enable key workers, such as NHS staff, supermarket and care workers to continue working during the pandemic without forfeiting holiday. They also apply to any worker who is unable to take holiday because they are self-isolating or have the virus.

It is already possible for employers and workers to reach agreement to carry forward the additional 1.6 weeks of holiday that was introduced under UK law, rather than under the Working Time Directive.

UK government, Holiday entitlement and pay during coronavirus (COVID-19) (https://www.gov.uk/guidance/holiday-entitlement-and-pay-during-coronavirus-covid-19)