payroll issue

[workingurl]

I have several days annual leave that due to covid and team members being off for shielding I'm unable to take before my leave-year ends- I can carry over 10 days instead of 5 which is good, but I stand to lose 10 days nontheless.(thanks to maternity leave I had a lot of A/L to take in a short time)

My manager told me to log days as annual leave, but work them as overtime- effectively I'm covering my own leave days- so effectively I'll get double pay for these 10 days

Whilst it benefits me, I have a sick feeling in my stomach that its fraud- anyone with any knowledge/experience that can advise?

Regulations have changed so that leave you cannot take due to covid 19 can be carried over into the next 2 leave years. It is not limited to 5 or 10 days either.

The Working Time (Coronavirus) (Amendment) Regulations 2020 amends the Working Time Regulations 1998 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 4 weeks under regulation 13 into the next 2 leave years. This will not apply to the 1.6 weeks under regulation 13A leave, but this can be carried forward one year by agreement between workers and employers

We have agreed only 10 days taken over, (doubling from 5, in normal times) we can't take 4 weeks and we cant have payment instead of leave.

This is my line manager's way round that, I think.

They are going against regulations though as it states you can carry it over into the next 2 leave years. You are legally entitled to the leave

@workingurl

We have agreed only 10 days taken over, (doubling from 5, in normal times) we can't take 4 weeks and we cant have payment instead of leave.

This is my line manager's way round that, I think.

Well that's all well and good but it's not your line mangers decision. The company needs to comply with the regulations regardless of what they want to do.

It's pretty disgusting that they won't allow you to take your annual leave nor carry it over. Call ACAS to get some employment advice.

I'll do that thanks.

What about the couple of days leave I've already worked and claimed as overtime? is that fraud?

I've nothing in writing to prove I was told to do that.

Logging days as annual leave and then working them as overtime isn't ideal, as the whole point of annual leave is that you get a break from work.

It's basically a workaround the rule that you can't pay out for statutory holiday entitlement. It's not good practice and if you complained loudly enough and threatened action you could probably convince your employer to roll it over to next year, but if you're happy to get paid for it then don't worry about it being fraud or you getting in trouble as this won't happen.

The only way anyone would get in trouble is if you're forced to do it against your wishes and you went as far as tribunal or reported your employer for it and even then it would be your employer in trouble, not you. If you're happy to do it this way and your employer will let you, then crack on and don't worry about it.

I'm not saying it's something I'd ever recommend to an employer in my professional capacity, but it's one of those things that does happen in practice and you're not at any risk by going along with it.

thankyou @nerdsville, that's very reassuring

@dementedpixie

They are going against regulations though as it states you can carry it over into the next 2 leave years. You are legally entitled to the leave

They are not "going against the regulations" at all. The normal regulation has been suspended, but just because an employer can do it does not mean they are compelled to do it.

Op it's not really fraud but it's not right. I also think it's not right that you should lose your leave, why can't they just pay it out?

Also, the regulations only apply to the statutory minimum leave, an employer can make any rules they like around leave above that amount (stat min for full time is 28 days).

The op should not lose their statutory leave.