Time to plan the annual leave the 2022 deadline is approaching

It is now time to plan the annual leave, the 2022 deadline is approaching, in our latest article we revisit the carrying over of leave during the Coronavirus Pandemic, how that assisted you as an Employer, what the new legislation covered when it ends and what you should do now to ensure you are compliant.

Under normal circumstances, Employees should use their paid statutory holiday entitlement in the current leave year. The statutory entitlement is 28 days (5.6 weeks) for a full-time Employee. Employers can offer more than the statutory entitlement; this would then be a non-contractual entitlement and should be reflected in the Employees Employment Contract.

 

What happened to holidays during the Coronavirus Pandemic?

During Coronavirus Pandemic many Employers were not in a position to afford their Employees the opportunity to take or to resolve holiday entitlement with their Employees, this was acknowledged by the government with the introduction of a new law, affording Employees to carry over up to 4 weeks’ paid holiday into their next 2 holiday leave years, importantly, the outstanding 1.6 weeks cannot be carried over into 2021/2022,

It is important that Employers and Employees are as flexible as they can about holiday entitlement, this timeframe is due to end and at the end of 2022, it is now imperative that you act to:

• Discuss your plans to use any untaken accrued holiday before the end of the year
• Listen to any concerns, from your Employees
• Be open, honest, suggest and welcome ideas for other option
• Take into account any personal reasons

 

The new law applies for any holiday an Employee does not take because of coronavirus, for example, they had at any stage been:

• Self-isolating or too sick to take holiday before the end of either of the leave years.
• The Employee has had to continue working and could not take paid holiday.
• They had been in shielding and could not take paid holiday.

 

As an Employer you should ensure agreements are in place to reflect the new legislation and these are issued to Employees if carry over of the 4 weeks applies (we can assist you with these).

Any carried over leave must be added to Employees final pay, as payment in lieu, this would be any untaken accrued or carried over holidays where an Employee leaves or where employment is terminated.

 

What happens with Bank holidays?

Bank holidays are usually part of the statutory legal minimum 5.6 weeks’ paid holiday.  As an Employer you can still require employees to take paid holiday on a bank holiday, this excludes Employees who are off sick.

To do so you must provide your Employees the relevant notice period. Your Employees can also request to take a day’s paid holiday on a bank holiday.

If you consent, Employees are entitled to receive payment in full, or any enhanced payment in line with non-contractual agreements.

Employers can refer Employees where they are not sure if bank holidays need to be taken as paid holiday, Employees should:

• Refer to their Employment Contract.
• Speak to you directly.

Where bank holidays could not be taken off due to coronavirus, Employees should have used the holiday later in the leave year. Where this is possible, bank holidays can then be included in the 4 weeks’ paid holiday and be carried over, any such holiday can be taken at any time over up to the end of 2022.

 

What happens with Employees who are off work?

You may have Employees that are absent, this may be due to sickness or maternity reasons, in this instance, you cannot enforce or request they take leave whilst they are off work, this may be Employees that are:

• Sick leave
• Maternity Leave, or any other type of family leave.

 

Can I request Employees take holidays?

You can legally enforce Employees to use their holiday entitlement. Similarly, Employers could provide notice to individual Employees depending on some other circumstances.

So long as the Employer has provided the relevant notice period as set out in legislation and in writing to the Employee.

Be mindful and exclude any Employees that are:

• Sick leave
• Maternity Leave, or any other type of family leave.

 

Can I refuse pre-booked holidays?

As an Employer you can also cancel pre-booked paid holiday. If you decide to do this, you must provide Employees at least the same number of days’ notice as the original holiday request.

For example, if an Employee has booked 5 days holiday, you must provide them with notice at least 5 days before the holiday starts that it is cancelled.

This could impact holiday Employees have already booked or planned, as an Employer you should:

• Provide an explanation why you need to cancel their holidays.
• Resolve concerns or worries about how it will impact holiday entitlement or plans.

 

Can my Employees cancel previously booked holidays?

As an Employer you may have Employees request to cancel their holidays, this may be due to changes in plans, and other arrangements being cancelled or postponed.

In these circumstances you are not obliged legally to do so and can insist your Employee takes the time, it is wise to ensure you reach an agreement in this circumstance. Should you agree to the change as an Employer you should ensure you obtain consent from your Employee in writing.

 

How can I agree how extra holiday is carried over?

As an Employer you should have an agreement in place, this should clearly outline what the expectations are and how, what can be carried over, more than the 4 weeks paid holiday.

The extra holidays may include:

• The remaining 1.6 weeks of statutory annual leave.
• Any holiday that is more than the statutory legal minimum, including any non-contractual entitlement.

 

Employers should seek professional advice when drafting agreements and ensure they align with any Employment Contracts in place.

 

 

How can I agree how extra holiday is carried over?

As an Employer you should have an agreement in place, this should clearly outline what the expectations are and how, what can be carried over, more than the 4 weeks paid holiday.

Extra holiday may include:

• The remaining 1.6 weeks of statutory annual leave.
• Any holiday that is more than the statutory legal minimum, this may be non-contractual entitlement.

 

Employers should seek professional advice when drafting agreements and to ensure they align with any Employment Contract.

 

How can we help you before reaching an agreement?

Employers should obtain our professional Employment Law advice when drafting agreements and ensure they align with any Employment Contracts in place. All agreements should be in writing, with consent obtained.

We are here to provide full support, guidance and offer you agreements fully drafted, we can advise in any HR or Employment Law matter, our team can advise you today, call us ON 0333 0069489 or email us directly at [email protected]

 

Updated November 2022 

Author

Fran Crossland

 

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