header-logo header-logo

Happy holidays?

29 July 2020 / Charles Pigott
Issue: 7897 / Categories: Features , Employment , Covid-19
printer mail-detail
25108
Questions about entitlement to holidays & how holiday pay is calculated have rarely been more prominent, says Charles Pigott

In brief

  • Two sets of amendments to the holiday-related provisions of the Working Time Regulations came into effect during lockdown.
  • These changes intertwine with some novel questions about holiday entitlement for workers furloughed under the Coronavirus Job Retention Scheme.
  • In the meantime, the courts continue to grapple with some long-standing issues about the calculation of holiday pay.

Paradoxically in this far from typical holiday season, questions about entitlement to holidays and how holiday pay is calculated have rarely been more prominent.

Carrying forward leave

The Working Time (Coronavirus) (Amendment) Regulations 2020 (SI 2020/365) (the 2020 Regulations) came into effect on 26 March, three days after the national lockdown started.

The 2020 Regulations amend reg 13 of the Working Time Regulations 1998 (SI 1998/1833) (WTR 1998), which provides for the core four week entitlement to annual leave deriving from the Working Time Directive (now consolidated as Directive 2003/88/EC) (WTD). This leave cannot

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
back-to-top-scroll