Legality of contract as against employment law. Carry over of annual leave, following long term sickness.

[LoveThe]

According to ACAS guidance, if you're on long-term sick leave, you can carry forward up to four weeks of unused statutory holiday, which must be used within 18 months of the end of the leave year in which it accrued Acas.

My employer (LA) has carried over only four days after my long-term sick absence.

Legally, is the employer allowed to override the ACAS guidance in this way? Does ACAS guidance carry the force of law?"

Exactly right

And not even the statutory leave of 5;6 weeks under the UK working time
regulations but the 4 weeks under the EU working time directive

Thanks! It’s kind of necessary information though isn’t it before anyone can advise!

Thanks @Harassedevictee you have given me a much better understanding than the leave policy supplies.

The five day carry forward appears as an arbitrary number which none of us understand. There isn't an explanation of this. The information around the statutory entitlement helps.

think of it this way

Your minimum holiday entitlement under WTD is 4 weeks - so 16 days as you work 4 days.

if you have had that in the leave year, including bank holiday, then they aren’t obliged to carry anything over (notwithstanding any contractual rights/policies)

If however you’ve not had the 16 days, including bank holiday, they will have to
let you carry the balance up to the 16 days over.

The crucial point here is up to 4 weeks. That implies that it could be as little as 1 day

No, it’s a policy separate to the WTD.