Holiday Pay Still Causing Confusion
by Liam
The first increase in statutory holiday entitlement for 9 years came in to force at the beginning of this month.
The change still appears to be causing some confusion. We have had two queries on the same point today alone.
Before 1 October 2007, Workers (not just employees) were entitled to four weeks’ holiday per year. This four weeks (or 20 days for most, 5 day per week, Workers) could include bank holidays i.e. 12 days’ holiday plus 8bank/public holidays was lawful, as was 20 days’ holiday with no entitlement to bank/public holidays.
After 1 October 2007, Workers are entitled to four point eight weeks’ holiday per year. This equates to 24 days’ holiday for most, 5 day per week, Workers. This still can include bank/public holidays i.e. 16 days’ holiday plus 8 bank/public holidays is lawful, as is 24 days’ holiday with no entitlement to bank/public holidays.
Employees whose contracts entitle them to 20 days’ holiday plus 8 bank/public holidays will be disappointed to hear that they are therefore not entitled to more holiday. Indeed, even in 2009 when holiday entitlements are set to increase again, they will not be entitled to more holiday!
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How does an employee qualify for Holiday, For instance i.e. work a month before he/she qualifies for a day, has to work a period before qualifying.
Mr D. Rogers said at February 22nd, 2008 at 2:39 pm
Holiday Qualification.
Mr D. Rogers said at February 22nd, 2008 at 2:40 pm
Until 1999, you did not have full holiday rights until you had been employed for three months. Workers now accrue holiday all the time while they work.
If you have a particular problem with holiday or holiday pay, please give me a call on 0870 350 5805.
Liam Pike
Solicitor
Liam said at February 22nd, 2008 at 4:31 pm
hi my boss is telling our staff that it is now unlawful to pay “extra” on a bank holiday.we work six hours for six hours pay.yet if you have the time off you get 8 and a half hours pay.he has said we get the day off in lieu.but as i explained that however you look at it we are still 2 and a half hours light.can this be right and fair?
martin said at June 28th, 2008 at 2:47 pm
I can’t comment on what is right and fair, but can comment on what is legal.
It is certainly not unlawful to pay anyone extra at any time! However, there is no statutory obligation to pay an enhanced hourly rate for bank holidays and no statutory obligation to give a day off in lieu. In terms of statutory requirements, it would be lawful to make employees work bank holidays without paying extra and without giving any time off in lieu.
Liam said at October 16th, 2008 at 8:06 am
PS. I should add that your contract may give you additional rights as my comment above relates to statutory rights only, so check your contract!
Liam said at October 16th, 2008 at 8:07 am