We’re All Going On A Summer Holiday

(or everything you wanted to know about workers’ holiday entitlements but were too afraid to ask)

As the main holiday season is now upon us, Cobbetts’ Employment Team answers the top ten questions our clients ask about holiday entitlements.

1 How many days holiday are workers entitled to each year?

Under the Working Time Regulations 1998 “workers” (which means all employees and can include agency and contract workers) are entitled to a minimum of 20 days paid annual holiday. If a worker starts part way through a holiday year, holiday entitlement is pro-rated.

2 When does the entitlement commence?

The right to paid annual leave starts on the first day of employment and accrues on a monthly basis during the first year of employment so that the employer does not have to allow the worker to take more time off than has accrued. However, once there is a year’s service, a request for holiday yet to be accrued can be made although the employer does have some control over when that can be taken. (See question 6).

3 Is this right in addition to public holidays?

No. There is no statutory right to take days off for public holidays. However, many employers allow their workers to take a minimum of 20 days paid leave as well as the eight days of public holidays.

4 What happens when a public holiday falls on a weekend?

Alternate weekdays are declared public holidays. For example, this year Christmas Day and Boxing Day are at the weekend and so Monday 27 and Tuesday 28 December have been declared public holidays.

5 Is a part time worker who works Wednesday to Friday entitled to pay for those public holidays that fall on a Monday?

Potentially yes, if full timers are entitled to paid leave for public holidays in addition to their contractual holiday entitlement.

The Part Time Workers (Prevention of Less Favourable Treatment) Regulations 2000 provide that part time workers should not be treated less favourably than full time workers. As most public holidays fall on a Monday, those workers who do not work that day could be disadvantaged. Best practice suggests they should be given time off in lieu pro rata to the hours they work.

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