Employment Law Update (August 2008)
Prepare now for increased holiday rights
The second stage of the increase in minimum annual leave
entitlement comes into effect from the 1st of April
2009. This will give all workers the right to 5.6 weeks' paid
leave, or a maximum of 28 days for those who work more than five
days a week.
Public holidays can count towards the entitlement, but the law
does not say that employees have the right to take public holidays
off.
Employers should also remember a second important change from
next April – employers will no longer be allowed to make payments
in lieu of untaken holidays except on termination of employment. In
practical terms, this means that where an employee might in the
past have been allowed to work on a public holiday, possibly for an
overtime payment, in future the employer would have to ensure the
employee takes holiday at another time.
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Checklist
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If employees get less than 5.6 weeks’ (28 days’) holiday, their
entitlement goes up to 28 days;
Public holidays taken as leave can count towards this minimum
entitlement;
If employees normally have public holidays as paid leave but can
be asked to work on them, make sure leave is taken at another time
so that 5.6 weeks’ leave is taken in total.
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Please read legal information.