Working Time Directive and Holidays
Discussion
We were short staffed due to illness and a member of staff was due to be on holiday the same week. The employee in question offered to work the week and be paid an extra weeks wages in lieu of his holidays.
I was just putting this through payroll when my manager said that she thought we can't do this as we may be in breach of the working time directive which states 5.6 weeks of holidays pa as a minimum.
The contracts all state 25days holiday plus one extra per year of employment upto a maximum of 28 days plus the eight bank holidays.
Help appreciated
I was just putting this through payroll when my manager said that she thought we can't do this as we may be in breach of the working time directive which states 5.6 weeks of holidays pa as a minimum.
The contracts all state 25days holiday plus one extra per year of employment upto a maximum of 28 days plus the eight bank holidays.
Help appreciated
I think it's ok for the business to buy back holidays granted which are in excess of the statutory mimimum. Where I work that means I can opt to work 1 week of my holiday entitlement and get paid for it.
ETA: AFAIK, the minimum entitlement includes bank holidays, so if the minimum is 28 days and you give your staff 25 days + 8 public holidays then you can pay them to work a maximum of (25+8)-28 = 5 days.
ETA: AFAIK, the minimum entitlement includes bank holidays, so if the minimum is 28 days and you give your staff 25 days + 8 public holidays then you can pay them to work a maximum of (25+8)-28 = 5 days.
Edited by MrsMiggins on Wednesday 4th January 18:52
useful link: http://www.businesslink.gov.uk/bdotg/action/detail...
IANAL!
govWebsite said:
Payments for untaken statutory holiday
In the UK, the statutory annual leave entitlement is 5.6 weeks. A worker must take at least four weeks' paid holiday per leave year.
What a worker does with the remaining 1.6 weeks depends on their contract of employment.
For example, you could allow them to carry those 1.6 weeks into the next leave year or state that all 5.6 weeks must be taken by the end of the leave year.
However, you cannot make a payment in lieu for any days that remain untaken.
Payments for untaken contractual holiday
At the end of a leave year, you may find you have a worker who has some untaken contractual annual leave, ie annual leave over and above the statutory minimum of 5.6 weeks.
Depending on their contract of employment, the worker may be entitled to either carry over the untaken days, or receive a payment in lieu of those untaken days.
So this says that you can't pay them to work statutory holiday days, but you can pay them for holidays they get in excess of the statutory minimum. So, assuming they work full time, 5 days a week they are due 28 days. You currently give them 25 days plus 8 days public holiday; a total of 33 days - you can buy back up to 5 days.In the UK, the statutory annual leave entitlement is 5.6 weeks. A worker must take at least four weeks' paid holiday per leave year.
What a worker does with the remaining 1.6 weeks depends on their contract of employment.
For example, you could allow them to carry those 1.6 weeks into the next leave year or state that all 5.6 weeks must be taken by the end of the leave year.
However, you cannot make a payment in lieu for any days that remain untaken.
Payments for untaken contractual holiday
At the end of a leave year, you may find you have a worker who has some untaken contractual annual leave, ie annual leave over and above the statutory minimum of 5.6 weeks.
Depending on their contract of employment, the worker may be entitled to either carry over the untaken days, or receive a payment in lieu of those untaken days.
IANAL!
MrsMiggins said:
useful link: http://www.businesslink.gov.uk/bdotg/action/detail...
IANAL!
That's correct.govWebsite said:
Payments for untaken statutory holiday
In the UK, the statutory annual leave entitlement is 5.6 weeks. A worker must take at least four weeks' paid holiday per leave year.
What a worker does with the remaining 1.6 weeks depends on their contract of employment.
For example, you could allow them to carry those 1.6 weeks into the next leave year or state that all 5.6 weeks must be taken by the end of the leave year.
However, you cannot make a payment in lieu for any days that remain untaken.
Payments for untaken contractual holiday
At the end of a leave year, you may find you have a worker who has some untaken contractual annual leave, ie annual leave over and above the statutory minimum of 5.6 weeks.
Depending on their contract of employment, the worker may be entitled to either carry over the untaken days, or receive a payment in lieu of those untaken days.
So this says that you can't pay them to work statutory holiday days, but you can pay them for holidays they get in excess of the statutory minimum. So, assuming they work full time, 5 days a week they are due 28 days. You currently give them 25 days plus 8 days public holiday; a total of 33 days - you can buy back up to 5 days.In the UK, the statutory annual leave entitlement is 5.6 weeks. A worker must take at least four weeks' paid holiday per leave year.
What a worker does with the remaining 1.6 weeks depends on their contract of employment.
For example, you could allow them to carry those 1.6 weeks into the next leave year or state that all 5.6 weeks must be taken by the end of the leave year.
However, you cannot make a payment in lieu for any days that remain untaken.
Payments for untaken contractual holiday
At the end of a leave year, you may find you have a worker who has some untaken contractual annual leave, ie annual leave over and above the statutory minimum of 5.6 weeks.
Depending on their contract of employment, the worker may be entitled to either carry over the untaken days, or receive a payment in lieu of those untaken days.
IANAL!
There are still recruitment agencies paying people their holiday entitlement with their hourly salary (rolled up holiday), which is in effect buying their entitlement; however, the worker still has to take the time off as holiday but they don't get paid again.
Gassing Station | Jobs & Employment Matters | Top of Page | What's New | My Stuff