Holiday Entitlement and Pay for Term-time Only Workers The Court of Appeal has today handed down an important decision that will affect how holiday entitlement and pay for term-time workers is calculated. What Is Term-time Only Working? Term-time Only working
A block of time away from the stresses of daily life is our way of hitting the refresh button and when we return we are better equipped to handle whatever comes. If we don’t get that chance to recharge our batteries we start to mentally check out, that means your employees could be surfing the internet when they are supposed to be working on that big project!
Read my Top Tips to managing annual leave requests.
The May Day Bank Holiday in 2020 will move in England, Wales and Northern Ireland to coincide with the 75th anniversary of VE Day.
Some employees are set to suffer a breach of their annual leave rights as a result of the way that Easter bank holidays fall in 2015 and 2016. The wording in some employees’ contracts may result in an unanticipated shortfall in their holiday entitlement, for which their employer will be liable, as a result of variations in Easter dates.
Read my Top Tips to what is happening and what options you have if you are affected.
The Court of Appeal in Northern Ireland has held that voluntary overtime is not necessarily excluded from the calculation of holiday pay for the purposes of the Working Time Regulations 1998 (as derived under the EU Working Time Directive).
Currently workers bringing claims for unpaid wages can recover historic shortfalls in their pay over an unlimited period, provided there is a series of deductions from their pay and their claim is filed within three months of the last shortfall in pay. Yesterday (18 December 2014) the government introduced the Deduction from Wages (Limitation) Regulations 2014 which will limit claims for deductions from pay filed on or after 1 July 2015 to deductions which occurred in the two year period before the claim is filed.
Business Secretary Vince Cable has today (4 November 2014) announced he is setting up a taskforce to assess the possible impact of the ruling on holiday pay from the Employment Appeal Tribunal.
Read my overview of the tribunal decision and implications for business owners.
The minimum holiday entitlement that must be given to every employee is 5.6 weeks per holiday year whether they are employed on a full time, part time, permanent, temporary or casual basis.
Read my overview of the legislation and
The relationship between workers’ rights, their holiday and how those rights are affected by sickness absence has been a much debated subject in recent years. A particular issue has been to what extent a worker on long-term sick leave, who has been unable to take holiday due to sickness, is entitled to carry forward accrued but untaken holiday to the following leave year.
The Court of Appeal has ruled that an employee was entitled to be paid annual leave under the Working Time Directive, even though she had been absent from work through sickness.
In a landmark ruling, the court also ruled that the employee, Janet Larner, who was employed by NHS Leeds as a part-time clerical worker, was entitled to carry over annual leave she accrued while off sick to the following year, although she had not asked to do so.