Holiday Woes
As we approach the height of the holiday season, Paul Archer (Employment Law Partner at Lemon&Co Solicitors), warns employers to be wary of the pitfalls that surround workers and their holiday entitlement.
Under the Working Time Regulations, all workers (including agency workers) are entitled to a minimum of 4.8 weeks holiday each year. This includes bank holidays. Paul says that the main disputes that arise about holidays fall into four categories.
1. Workers who fail to give proper notice of going on holiday and simply want to disappear on holiday at the end of the week! The Working Time Regulations state that the notice period for taking holiday must be at least twice the period of leave that is to be taken but individual employers may adopt more strict rules. In any event, employers generally have the right to refuse any particular holiday request and may do so if, for example, other employees have booked holiday at the same time.
2. Workers who take holidays in spite of their request being refused! In most circumstances, this will amount to gross misconduct and, provided the employer follows a fair disciplinary process, any dismissal will be fair.
3. Workers who request paid holiday while off sick! A recent test case has held that workers are now probably not entitled to paid holiday while off on long term sickness. This is the current position however this may change in the future as the case has been referred to the European Court of Justice.
4. Workers who leave their jobs owing holiday pay to the employer! The Working Time Regulations state that workers are entitled to payment in respect of any holidays that have been accrued but not taken. However, the reverse is not true. The worker who has taken 4 weeks holiday and then leaves half way through the holiday year will not have to repay any money unless there is a written term in their contract of employment specifically authorising recovery of excess holiday pay.
The general moral of all this is that employers need to adopt clear rules about holiday entitlement protecting the interests of the business and then ensure that all employees are notified of these rules.
October 2008
This article gives a general overview only and the legal position at the time of writing this article. It cannot be relied upon in any particular case. Specific legal advice must always be considered to include consideration as to whether the legal position contained in this article has changed since going to print. For further information and advice, please contact Paul Archer or Lauren Harkin on 01793 527141 or alternatively by email on Paul.Archer@lemon-co.co.uk or Lauren.Harkin@lemon-co.co.uk.
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As we approach the height of the holiday season, Paul Archer (Employment Law Partner at Lemon & Co Solicitors), warns employers to be wary of the pitfalls that surround workers and their holiday entitlement...</p>
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