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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 73502
Experience:  Qualified Solicitor
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Is it permissible for an employee to be paid annual leave if

Customer Question

Is it permissible for an employee to be paid annual leave if unable to take it due to Covid . I know the gov is allowing 4 weeks hols to carry over for two years but as farmers can’t afford staff taking 7.6 weeks off in a year
JA: Has the staff discussed this with a manager or HR? Or with a lawyer?
Customer: no manager one of the partners sons the other partner his uncle who pays the wages say use it or lose it and refuses to pay for owing holidays
JA: Does the workplace operate with employees, freelancers, consultants, contractors or with unionised employees?
Customer: it’s a farm employee not getting paid hols is one of the partners sons
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Basically my brother in law thinks my son is not entitled to be paid for holidays unable to be taken in Covid . His view if you’ve not used you’ve lost . This is wrong I understand gov are allowing hols to be carried over a two year period . Farm can’t afford to allow 7.6 weeks so surely he should pay for hols . He has refused point blank and says he didn’t take tough . End of story
Submitted: 15 days ago.
Category: Law
Expert:  Ben Jones replied 15 days ago.

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.

Expert:  Ben Jones replied 15 days ago.

When you say he was unable to take them due to Covid, what prevented that exactly?

Expert:  Ben Jones replied 14 days ago.

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.

Expert:  Ben Jones replied 14 days ago.

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.

Expert:  Ben Jones replied 14 days ago.

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.