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Employment Law Update (August 2008)

Prepare now for increased holiday rights

The second stage of the increase in minimum annual leave entitlement comes into effect from the 1st of April 2009. This will give all workers the right to 5.6 weeks' paid leave, or a maximum of 28 days for those who work more than five days a week.

Public holidays can count towards the entitlement, but the law does not say that employees have the right to take public holidays off.

Employers should also remember a second important change from next April – employers will no longer be allowed to make payments in lieu of untaken holidays except on termination of employment. In practical terms, this means that where an employee might in the past have been allowed to work on a public holiday, possibly for an overtime payment, in future the employer would have to ensure the employee takes holiday at another time.


Checklist

If employees get less than 5.6 weeks’ (28 days’) holiday, their entitlement goes up to 28 days;

Public holidays taken as leave can count towards this minimum entitlement;

If employees normally have public holidays as paid leave but can be asked to work on them, make sure leave is taken at another time so that 5.6 weeks’ leave is taken in total.