We have an employee on a term time contract.
In accordance with the Harpur Trust ruling we have provided him with a full year's leave entitlement and our leave year runs from 1st January to 31st December. We have Christmas shutdown period and we autobook the days needed to cover this on our HR system at the start of every leave year using an employee's leave allowance. For 2023 it amounted to 2 days leave and in 2024 it also amounts to 2 days leave. The employee is informing us that he feels we should not require him to use leave to cover Christmas shutdown as he is a term time worker and would be off anyway, and he has asked to have last year's and this year's leave removed from the booking system and added back to his leave entitlement. What are your views?
Given the forthcoming change in legislation, can we amend his leave entitlement from 1st April 2024 and give him 3 months 'under Harpur' and 9 months under the 12.07% rule, or should we wait until the first complete leave year (so amend it back to 12.07%) from January 2025? Again your thoughts.
Thanks in advance.