[anders]

Can anyone tell me how the law stands at the moment on paid holiday for staff? It is still the case that they are entitled to one weeks paid leave every thirteen weeks?
Thanks

[Fox]

Hi

All employees are entitled to four weeks paid holiday per year - this can include the statutory eight bank holidays leaving them 12 floating (or whatever their normal working days are in a week)

All employees regardless of the time they have worked for you or whether they are temps or not are entitled to holiday pay.

Holidays accrue at 1.66 days per month, however if an employee is only with you for 3 weeks you will still need to make your calculations.

All holiday must be taken, if an employee doesn't take the time off within the working year then entitlement is lost, you are not allowed to pay an employee extra money instead of taking time off.

Hope this clarifies the situation a little.

Fox

[George-Reid]

Fox.
We give the 1.66 + the eight days so 28 days per year.
As the law states the 1.66 as minimum can I pay them for the additional eight if they dont take them.

Cheers

George

[Musicman]

I heard last week that the Governments policy making executive have recommended that all employees will be allowed the 20 days PLUS Bank Holidays as a minimum. This will bring us in line with the rest of Europe.

The Government have stated that they will adopt this policy but I have no idea from which date it will come into effect.

[anders]

Thanks.  Does that include staff who work for just two or three hours a week?

[George-Reid]

Anders
Yes its all staff regardless of hours worked and time with company.

Cheers

George

[garyj]

Unfortunately yes it does. But they do get the holiday entitlement 'pro rata' depending how many days they work.
Holiday is worked out on a 5 day week, so if they work one day per week then only one fifth of holiday entitlement is allowed, therefore 4 days paid etc.

I think this law is very tough on employers. We take someone on, train them in Health & Safety, give them a few weeks to settle in and get up to speed, then find out they are completely incapable of doing the job, then after a few weeks we owe them holiday pay!! Crazy.
I think that during a short trial period of up to 3 months that holiday pay shouldn't be applicable

[Fox]

Gary - You are right this law is hard on employers - however I always include these costings in any quotation, but if they add the eight statutory as Musicman says it may cause big problems.  I believe employees never used to qualify for holiday pay until they had been in employment for three months (correct me if I'm wrong!) and temp staff were never included.

George - In my first post I was talking about minimum hols by law.  They changed the law as everyone should have time off - not just collect extra cash - this came in shortly after the working hours directive, at least that had an opt out system although some Companies refuse to use the opt out so no one person can earn lots of overtime.

There are lots of Employers out there who pay good benefits and give extra holidays etc but for the small/medium sized business this can be very difficult.

Fox

[isa]

What if someone works 5 days a week but only 3-4 hrs a day ( part time) are they still entitled to 20 days or only 10?
isa

[garyj]

The full 20 I'm afraid, even if its one hour per day then the full entitlement is applicable.

[anders]

I know this is straying off the original topic slightly, but my son has done a newspaper round for years and has never got any paid holiday.  He works three hours a week every Friday.  Is the newspaper company breaking the law?

[Fox]

Anders - hmmm - good point and what a question - I guess your son is under 16 and working under a permit?  Well as far as I know he is entitled too holiday pay as long as he is being paid on the books and has a permit to work (you will know as you are required to sign it).

There is no minimum pay rate for under 16's and whatever his pay is will reflect the holiday pay but at the end of the day I am not sure on this matter as there are strict working hours etc for children.

What I would say is never tell your child (doing a part time job / paper round etc) to expect any money other than they have earned - children have to learn that things are not handed on a plate and a job is something that is serious - not just another way of saving - this is my personal opinion, as for the law phone ACAS and ask.

Fox

[Len Gribble]

If musicman is correct hope you contactors have it written into the contract any government changes to employment law will incur a price increase.

Len

[Musicman]

Hi Len, glad you had a good time in the States.

You can guarantee that as soon as I heard of it my T's & C's were updated accordingly.

Should be doing another deep clean in Woking as soon as my client can find his order sheet (they've just acquired another 60 sites so I'm going to be a busy boy), will let you know when so you can join us again.

Take care buddy.

[Len Gribble]

Musicman

Care with the buddy I was in the south, very redneck, still trying to comprehend American Intelligence is it MI5/6 CIA/FBI/BNP/EC etc can’t get my head round that one; they can’t ether they think we all support the plonker, but did have a good giggle though.

Glad to see business is growing let me know.

Len