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The amount of holiday an employee is permitted to take is governed by the Contract of Employment.
The Working Time Regulations provided for a minimum amount of holiday as 20 working days. There was no distinction between ordinary working days and bank holidays. As such the 20 days could include bank holidays. As of 1st October 2007, this has increased to 24 days including bank holidays. Planned future increases will see this rise to 28 days including bank holidays.
Where an employee is part-time holiday is pro-rata’d.
There are two types of Holiday Pay - Statutory Holiday Pay (provided for by the Working Time Regulations 1998) and Contractual Holiday Pay (provided for in each employee’s contract of employment). Each type of Holiday Pay offsets the other.
Further details about amounts of Holiday Pay can be found here.
Employees are not entitled to receive Holiday Pay if they are off sick for the whole of a holiday year (see Ainsworth v Commissioners for the Inland Revenue - a 2005 Court of Appeal case).
A HR1 is the form that employers must use to notify the secretary of state (or in practice the BERR, formerly the DTI) that they propose to dismiss 20 or more employees as redundant.
A HR1 form can be obtained here.
If you are using a HR1, remember collective consultation and s.188 TULR(C)A 1992.
The Highly Skilled Migrant Programme (the HSMP) was a points based system to grant a non EU national a work permit . The HSMP now falls into Tier 1 of the new points based system. An applicant will receive points for the following:
- Age
- Earnings in previous job
- Qualifications
- Previous experience
A minimum of 75 points is required, with, for example, a PHD being worth 50 points.
Additionally an applicant needs to be awarded at least 10 points in the following:
- English test score
- Available funds for maintenance.
Eligibility details are here
