Please sign in with your existing account details.
Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.
Privacy statement - Terms and conditions
Forgotten your password?
You have exceeded the maximum number of login attempts for this email address and your account has been locked. An email has been sent to member of Browne Jacobson's web team and some one will be contacting you over the next two working days with details of how to change your password.
Are you sure you want to remove this item from you pinned content?
Regulations have now been published allowing employees to carry forward 4 weeks of their statutory annual leave entitlement. The circumstances in which such leave can be carried forward are limited – it can only be carried forward where it is “not reasonably practicable” for the employee to take that leave as a result of the effects of coronavirus (including on the worker, the employer or the wider economy or society). Any carried forward leave must be used in the next two leave years. Payment in lieu cannot be made for this holiday, except where employment terminates.
An additional restriction has also been introduced on employers who wish to use their existing ability under the Working Time Regulations 1998 to “block” leave being taken at particular times (assuming there is no contrary “relevant agreement” in force). This can now only be exercised where the employer has “a good reason” for doing so. What will or will not amount to a good reason is unclear as the term is undefined. However, in circumstances where exercising this right would prevent an employee from taking their statutory leave in the relevant leave year, this “good reason” is likely to be examined more closely.
These limits are an attempt to balance the importance of employees being able to take regular leave, and the extraordinary circumstances we are now in which may require uninterrupted continuity for certain key industries such as healthcare and food. It is an acknowledgement that the employees involved in such efforts should not be penalised by losing a large part of their statutory holiday as a result. However, the wording wouldn’t cover employees who simply don’t wish to take leave now because they can’t travel to their holiday destination of choice or carry out the activities that they wish to – it would still be reasonably practicable for them to take this leave - and nor would it allow the carry forward of this statutory leave for reasons unrelated to the effects of coronavirus.
We are helping across business, health, education and government sectors:
Free movement between the UK and the EU ended on 31 December 2020. Since 1 January 2021, a new points-based immigration system applies to all migrants wanting to come to the UK, whether they are EU citizens or not.
View blog
The Government has announced a consultation exercise into the possible removal of non-compete clauses in employment contracts which will run until 26 February 2021.
The government has now announced further changes to the Job Support Scheme (now renamed the Job Support Scheme Open), with both the percentage of working hours and the employer contribution to unworked hours dropping.
On 14 October 2020, The Restriction of Public Sector Exit Payments Regulations 2020 (the “Regulations”) were made into law and will come into force on 4 November 2020.
Professional Development Lawyer
Select which mailings you would like to receive from us.
Sign up