WO toolkit 2012 complete.pdf - GMB

SECTION 5.15
15. Is everyone entitled to paid holidays?
The Working Time Regulations 1998 set down the minimum annual leave provisions for workers
although some employers may provide more generous contractual holidays.From 1 August 2003 non
mobile workers were entitled to these provisions and in 2005,mobile workers were also covered.
Currently all workers covered by the Regulations are entitled to four weeks paid annual leave.
From 1 October 2007,this minimum statutory holiday entitlement will increase to 4.8 weeks(24 days if
you work a five day week)and then further increase to 5.6 weeks(28 days if you work a five day week)
from 1 April 2009,pro-rata for those working part-time.This includes workers who are subject to the
Road Transport Directive.Any employer already offering 28 days or more,need not make any changes.
The amended entitlement to statutory annual leave is capped at 28 days,staff working six days a week
will be entitled to 28 days from 1 October 2007.
Bank and public holidays can count towards the 4.8/5.6 weeks,but workers and employers can agree
longer holidays.
Entitlement to statutory annual leave begins on the first day of employment,but for the first year of
employment,an employer may restrict the rate at which staff take the leave.
• The Working Time Regulations 1998 were amended in 2001 to take account of a European Court
decision.The amendment allows employers the option of introducing an accrual system for the
taking of leave for workers starting employment on or after 25 October 2001 but only during the
first year of employment.Under such an accrual system,each month or part of a month of
employment,workers are entitled to one-twelfth of the annual holiday.The amount of time that
can be taken at any one time within the first year can be rounded up by up to half a day.So
someone working five days a week who has worked for two months would be entitled to take 3 1 ⁄3
days and can round this up to take 3 1 ⁄2 days holiday.
After the first year of employment,you can take your holiday entitlement at any time during the leave
year,with your employers approval(see below).If when you leave your employment you have taken more
leave than the proportion of the leave year that has past,your employer is entitled to recover or
‘clawback’this extra amount but only if there is a specific agreement in your contact.This might be,for
example,by requiring you to pay back the additional holiday or by doing additional work.
Before taking holidays,you must give your employer notice of at least twice the length of the holiday
you want to take e.g.two weeks’notice to take one week’s holiday; six days’notice to take three days’
holiday.If the employer does not want you to take that holiday,they can give you counter-notice equal
to the holiday e.g.counter-notice one week before you plan to take one week’s holiday; counter-notice
three days before you take three days’holiday.If your employer has better procedures for deciding
holidays,these can replace the system under the Regulations.
If the employer wants you to take holiday at a given time e.g.a seasonal shut-down,they must give you
notice of at least twice the length of the holiday.But there is no right for the worker to give counternotice
to take that holiday at a different time.
If you begin work during the leave year,you get the equivalent proportion of the 4.8/5.6 weeks’
entitlement.The same applies if you leave during the year.
Four weeks’leave must be taken in each leave year.However,if both employer and worker agree,any
unused additional holiday entitlement above the four week minimum can be carried over.However,this
additional statutory leave can only be carried over into the following leave year.