Changes to the Minimum Entitlement for Holidays
On 1 October 2007 the Government brought in the first of a two stage change in the rules to holiday entitlement.
From 1 October 2008 onwards a full-time worker will be entitled to a minimum of 24 days holiday, including Bank holidays. A part-time worker will be entitled to pro-rata leave entitlement. The Department for Business Enterprise and Regulatory Reform (DBERR) has published a ready reckoner for calculating holiday entitlement in respect of part of a holiday year. Broadly when calculating untaken holiday leave for the purpose of payment in lieu, the minimum entitlement will be calculated at the rate of 2 days per complete month of service. When actually calculating such entitlement the rules should be considered in order to take into account the holiday year, the commencement date and transitional provisions, or advice should be taken.
The second stage to the changes took effect from April 2009 when the minimum entitlement increased to 28 days including Bank holidays.
Unless a holiday year happens to commence on 1 April then increases in entitlement from 1 April 2009 will be calculated by reference to the proportion of the holiday year which post dates 1 April 2009. The on-line calculator which DBERR provides will assist in calculating entitlement and DBERR have published an example of how the increased entitlement will apply in those circumstances.
For further advice call Nigel Pepper or Patrick Nelson on 01785 211411.
28 June 2010
The contents of this article are for the purposes of general awareness only. They do not purport to constitute legal or professional advice. The law may have changed since this article was published. Readers should not act on the basis of the information included and should take appropriate professional advice upon their own particular circumstances. (50587)