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 weeks holiday each year. This includes bank holidays so some full time workers may only be entitled to 8 bank holidays and 12 floating days. 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 at 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 entitled to paid holiday while off on long term sickness even if they are no longer receiving any contractual sick pay or statutory sick pay. The entitlement to fully paid holiday is triggered when the worker gives notice of their intention to take a holiday.
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
Paul Archer
N.b. This article gives a general overview only and cannot be relied upon in any particular case. The need for specific legal advice must always be considered. For further information, please do contact Paul Archer on 01793 527141 alternatively by email on paul.archer@lemon-co.co.uk
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<p><strong><a href="http://www.lemon-co.co.uk/article_holiday-woes.php">Holiday Woes</a></strong><br />
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>