16/01/2007
More Holidays
MORE ANNUAL HOLIDAYS?
Clive Thomas, partner at Watkins & Gunn solicitors, explains the new proposals.
Many of you will be pleased to know that the Department of Trade & Industry has published a consultation paper and the draft Annual Leave (amendments to working time legislation) Regulations 2007. The draft regulations propose that worker’s present minimum holiday entitlement, under the Working Time Regulations 1998, be increased in two stages – from 20 days to 28 days each year including the 8 Statutory Bank Holidays. Why has this been brought in?The government states that increased holidays will help to ensure that we all have a greater work-life balance and will reduce stress in the workplace. They estimate that this will affect around six million people and cost businesses in the region of £3.3 to £4.4 billion pounds.
How will it be brought in?
They propose that it will be phased in over 2 stages. Leave entitlement will rise from 20 to 24 days on the 1st October 2007 and then from 24 to 28 days from the 1st October 2008.
Can I be paid in lieu of taking my holiday entitlement?
The government proposes that employers should not be able to ‘buy-out’ of any of the minimum holiday entitlement, except on termination of employment.
Can holidays be carried over to the following year?
Yes, with the agreement of the employer as long as the minimum 4 weeks holiday is taken in each leave year.
What about part-time workers?
Part-time workers will also be entitled to the same increased holidays but on a pro-rata basis
Will it definitely be brought in?
The next stage is that there will be a second round of public consultation that closes on the 13th April 2007. This could result in some amendments to the draft regulations, nonetheless the government at this stage, is committed to making paid leave for Bank Holiday additional to the current statutory holiday entitlement. It is highly likely that these regulations will become law.
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