News & Insights

Lazin’ in the Summer Sun

Lazin’ in the Summer Sun…but got some Work to do, better know your Employment Rights for the Holiday Season, all the way through…!

With schools out, warm temperatures and the Rio Summer Olympics officially underway, it is difficult not to think about the summer holidays, beaches and ice cream sundaes. Many employees will be looking to take time off during the summer and plan their annual leave for the rest of the year. It therefore seems a good time to review your holiday entitlements.

Rights under the Law

Most employees have a statutory right to a minimum of 5.6 weeks paid annual leave. This amounts to 28 days for a full time employee and includes the 8 bank holidays in England per year. There is no minimum period of continuous employment required to qualify for this annual leave. The annual leave is pro-rated if the employee is part-time or starts working part way through the holiday year.

Certain groups of workers may be excluded from these rights, for example, those employed in civil aviation, the armed forces or the police.

Your contract of employment can of course also give you greater holiday entitlement.

Taking your Holiday

Employees should check their contracts to ensure they follow any procedures required to give notice of their holiday. Generally, holidays cannot be carried over to the next year (and an employer cannot compel an employee to do so) although an employer can allow an employee to carry forward unused holiday.

Statutory Holiday Pay

The statute relating to holiday pay is slightly complex as different rules can apply depending on whether the holiday to be taken is a normal holiday or a public holiday. Usually, the employee will be entitled to their normal pay. Statutory holiday entitlement also cannot be replaced by a payment in lieu although on termination of the employment, an employee may be entitled to pay in respect of unused holiday for that respective year.

It is worth noting that the above rights are largely based on EU Law; it will be interesting to see if there are any changes as a result of Brexit.

If you would like any assistance with any employment matter, please do not hesitate to contact Robin Cearns (Loughton office) or Richard Gordon (Epping office) at Foskett Marr Gadsby & Head LLP, on 01992 578 642.