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Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.
When you say he was unable to take them due to Covid, what prevented that exactly?
Hello, I was wondering if you have had a chance to consider my query above please? I will need your response before I provide an accurate answer to your situation. Thank you and I look forward to hearing from you.
Without the requested information, I can only provide you with the following general response, which will hopefully still answer your query.
One issue that sometimes arises is what happens if the employee is unable to take their annual holiday allowance in the current holiday year and ends up having untaken days at the end of it. In these circumstances, the employee does not lose their entitlement to leave and the employer will have an obligation to remind them that they have the outstanding leave in place. If the employer reminds the employee but the leave still remains untaken, they may lose it, but if the employer does nothing and the leave is not taken, the employee should be able to carry it over to the next holiday year.
That does not mean that an employer can unreasonably refuse holiday requests over the whole holiday year and deliberately prevent someone from taking holidays at all. Employers should not exercise their right to reject holidays unfairly. If there are legitimate reasons for refusing holiday requests they may do so even if the employee ends up losing part or all of their annual holiday allowance, but if holiday requests are being rejected indiscriminately or deliberately, that would be unfair and the leave should be carried over, or they should get compensated for it instead.
Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.