3

WTR Amendments

Clarification needed.

(11) Leave to which paragraph (10) applies may be carried forward and taken in the two leave years immediately following the leave year in respect of which it was due.

After allowing staff to carry forward holidays, if adequate provisions have been implemented to enable staff to take the carried holidays in the first year, can we insist that they are not carried forward into the second year. 

421 views
  • Yes. It’s an option not a right to carry it forward.
  • In reply to Keith:

    Just read this on a legal forum ?
    The Working Time (Coronavirus) (Amendment) Regulations 2020 amend the WTR to create a further exemption relating specifically to COVID-19. Where it is not reasonably practicable for a worker to take some, or all, of the holiday to which they are entitled due to the coronavirus, they have a right to carry the four weeks under reg. 13 into the next two leave years. This does not apply to the 1.6 weeks under reg. 13A leave, but this can be carried forward one year by agreement between workers and employers.
  • The WTR ammendments form a temporary change in the law, but nonetheless this is still law. The law specifically states a period of two years. I would be very cautious as this could be deemed as a right.