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Ask SolicitorRM Your Own Question
SolicitorRM, Solicitor
Category: Employment Law
Satisfied Customers: 4801
Experience:  Director and Principal Solicitor. UK
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I have been shielding for most of there year from March

Customer Question

Hi I have been shielding for most of there year from March 2020
JA: Was this discussed with a manager or HR? Or with a lawyer?
Customer: i have only taken 12.7 of my statuary allowance but my employer won’t allow me to carry any holiday over
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: employee yes I belong to a union
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no
Submitted: 14 days ago.
Category: Employment Law
Customer: replied 14 days ago.
I have taken 12.7 of my statuary allowance from March 2020 up until now.
Customer: replied 14 days ago.
I am classed as extremely clinically vulnerable and have been shielding or off sick for most of the year except from Aug to mid Oct.
Customer: replied 14 days ago.
I have requested 6 weeks off to go to Jamaica to looo after my dad as he is having an operation on his eyes
Customer: replied 14 days ago.
My Manager said I should take 3 weeks of March 2021 holiday and 3 weeks unpaid
Customer: replied 14 days ago.
I suggested I carry two weeks over from this years holiday allowance and use 3 weeks of next years holiday allowance
Customer: replied 14 days ago.
take 1 week as unpaid or shorten the trip by one week. I can’t afford to take 3 weeks unpaid as I am having to pay for my dads operation and medication.
Customer: replied 14 days ago.
I have used 12.7 days but I am entitled to 30, so I would have more than more than two weeks to carry over but I understand under the guidance you are allowed to carry over statuary allowance only
Customer: replied 14 days ago.
I don’t know what to do my manager will not allow me to carry over any holiday
Expert:  SolicitorRM replied 14 days ago.

Good evening, welcome to just answer. I am a solicitor and happy to review your question. I should revert to you shortly.

Expert:  SolicitorRM replied 14 days ago.

The Working Time (Coronavirus) (Amendment) Regulations 2020 hqs been introduced as an emergency to allow staff that have not been able to take their annual leave and have been required to work by their employer due to the increased demand or the short staffing as a result of the pandemic. Staff that are shielding or self isolating, like staff on furlough are not able to argue that they did not take their leave due to work and it was not reasonably practicable for their employer to accomodate them taking time off. Your employer would have to be sextremely flexible to allow you to carry over any of the holdays since you have been off nearly a year. I am sorry I did not have good news but it is best that you know the position and know how best to try and appeal to your employer to exercise their discretion in your favour. Any follow up question do not hesitate to send me your message. All the best.