Annual leave

[Countryramble]

If you are off sick and the annual leave calendar year ends do you lose untaken days?

No you are allowed to carry over your leave www.gov.uk/taking-sick-leave .

Scarily, that link is incorrect. In fact you are only allowed to carry over the 20 days allocated under the WTR. If you have already taken 20 days, unless your contract says otherwise, the answer is that you may lose them. www.acas.org.uk/checking-sick-pay/sick-pay-and-holiday-pay

@Quveas I had forgotten Stringer vs HMRC was only Reg 13 leave. However, there is nothing to stop an employee going to ET for Reg 13A 1.6 weeks leave and creating the precedent.

@Countryramble I would be bold and email the link I provided and ask for the leave to be carried over. See what their response is.

There certainly isn't anything stopping them going to a tribunal in that basis. They just need to nip to their union, get backing for the case, preferably get several other conjoined union backed cases, and hope that they can win the tribunal, the EAT, the Supreme Court judgement and an EJC ( which we are no longer obliged to follow). Don't get me wrong, I agree with you in principle. I simply do not see the government permitting such a precedent without a fight. Bearing in mind that those 20 days were hard won and only when forced on them. This is not the period where the government will be looking to improve workers rights. To even take on a case of this type will need heavy weight unions, and bearing in mind they haven't had an appetite to challenge further than this to date, I'm not convinced this is the hill they'll choose to die on.

@Quveas You are overlooking several things.

Firstly the Government hate the fact the precedent involves HMRC as an employer - a big no no.

Any new case law would build on HMRC vs Stringer, as having established the principle for Reg 13 leave all you are doing is applying the same principle to Reg 13 A leave, and possibly contractual leave. So an ET may not be appealed.

As far as I am aware most, of not all, Civil Service depts already allow Reg 13 A 1.6 weeks leave and contractual leave to be carried over in this situation.

I would suggest other employers, but not all, also allow Reg 13A and contractual leave to be carried over. Hence the reason it’s not been taken to ET.

That may be true of the civil service. I can't comment on that. Most public sector employers have now retrenched to the 20 days, according to LGA, and I doubt too many private sector employers give more than they must. There's no empirical way to prove anything. You may suggest that most employers give more. My experience is that they don't. So we'll have to disagree on the speculation. The OP can certainly take it to tribunal. But if they don't have a union ( which I assume since they are asking the question here) I doubt it will fly.

@Quveas Interesting other public sectors have retrenched, I wasn’t aware of that. I’ve just know CS would not go to ET over it, but accept that is not the same for other sectors.