header-logo header-logo

29 July 2020 / Charles Pigott
Issue: 7897 / Categories: Features , Employment , Covid-19
printer mail-detail

Happy holidays?

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

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
back-to-top-scroll