27 MAY 1999
Whether it''s Clacton-on-Sea or the Canaries it''s worth knowing how long you''ve got and how much you''ll get paid. Holiday entitlements and holiday pay are, understandably, important to us all - especially when starting a new job, leaving a job or when regulations change.
Today ACAS publishes a new advisory leaflet - Holidays and Holiday Pay - to try to answer some of these questions.
There has been renewed interest in this issue following the introduction of the Working Time Regulations. ACAS Public Enquiry Points have received many thousands of calls from people asking questions such as "Where is entitlement to holidays written down?", "What restrictions may be placed on the taking of holidays?" and "What can an employee do if holiday entitlement is denied?"
The free leaflet is the latest in a series - together with Varying a contract of employment and Lay-offs and short-time working - looking at topical issues in our working lives and is aimed at employers and employees alike.
Notes to Editors
1. Holidays and Holiday Pay is available free of charge to personal callers at ACAS Public Enquiry Points throughout England, Scotland and Wales (they are listed in local telephone directories). It can also be obtained at a cost of #1 (to cover post and packing for up to six leaflets) from ACAS Reader Ltd, PO Box 16, Earl Shilton, Leicester LE9 8ZZ.
2. The information in Holidays and Holiday Pay does not claim to be an authoritative statement of the law. Legal considerations must be looked at in the light of the particular circumstances and it may be wise to seek legal advice.
3. ACAS is an independent statutory body, not subject to direction from any Minister as to how it exercises its functions. It is directed by a Council consisting of the ACAS Chairman and employer, trade union and independent members. The ACAS mission is to improve the performance and effectiveness of organisations by providing an independent and impartial service to prevent and resolve disputes and to build harmonious relationships at work.
Background note for the media
These are the sort of questions ACAS regional enquiry points have been receiving on the holiday entitlement provisions of the Working Time Regulations. Many of the answers are included in the new leaflet Holidays and Holiday Pay. These answers are intended as general advice only and should not be treated as an authoritative interpretation of the law.
Employees
Q. Can my employer tell me when to take the holiday to which I am entitled under the Working Time Regulations?
A. The Regulations give a procedure for the employer to notify a worker to take all or some of the holiday entitlement at a time determined by the employer. However, the Regulations also allow the employer and worker or groups of workers to come to an agreement on procedures for determining when and how holidays can be taken.
Q. I work three days a week. What amount of holiday am I entitled to under the Working Time Regulations?
A. The Regulations state that you are entitled to three weeks holiday rising to four weeks on 23 November 1999. In your case a week is three days, so you would be entitled to a total of three weeks holiday at three days a week, which is nine days.
Q. I work for an agency as a temporary worker. Am I entitled to holiday pay under the Working Time Regulations?
A. Agency workers are specifically covered by the legislation. As long as you have worked continuously for 13 weeks, you should be entitled to paid holidays.
Employers
Q. What happens if an employee of mine takes all of the Working Time Regulations holiday entitlement and then leaves before the relevant leave year has finished?
A. The Regulations allow workers and employers to reach a relevant agreement that requires the worker to compensate the employer for any leave paid in excess of entitlement in such circumstances.
Q. What rate of pay do I have to give my employees for their holiday?
A. The rate of pay for holiday entitlement given in the contract of employment should be determined by the terms of the contract. For holiday given under the Working Time Regulations the payment has to be based on a week''s pay. The rules governing the determination of a week''s pay can be found in the Employment Rights Act 1996. Employers paying contractual holiday at a lower rate than the rate determined by reference to a week''s pay should consider taking advice on the impact of the Working Time Regulations. This is because the Regulations allow a worker to take advantage of the right which is most favourable.
Q. If it is not possible due to pressures of work to allow my employees to take Working Time Regulations holiday entitlement during their leave year, can I give them a payment instead?
A. The Regulations do not allow for this. If workers are not given the opportunity to take their holiday entitlement in the relevant leave year, they can make a claim to an Employment Tribunal.
# = pounds sterling
