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Posted By Anthony Edwards
Hi there,
Reg 13 Entitlement to Annual leave Para (2)(c) of the Working Time Regulations states that 'in any leave year beginning after 23 Nov 1999 four weeks'.
I assume that the four weeks indicated are inclusive of Bank Holidays or am I working too hard?????
Many thanks for your replies in advance
Tony
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Posted By Raymond Rapp
Tony
No, I believe Bank Holiday entitlement should be separate from any annual leave. A law was introduced and presumably now in force to make it illegal to count BHs as part of the annual leave.
Ray
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Posted By CFT
Anthony
From 1 October 2007, the law will change to add a maximum of eight days (pro rata for part-time workers) to the minimum leave entitlement, to include the current number of Bank and public holidays.
The minimum annual leave entitlement will increase to 4.8 weeks (24 days if you work a five-day week) on 1 October 2007 and 5.6 weeks (28 days if you work a five-day week) on 1 April 2009.
All the best
CFT
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Posted By martin gray1
Hi Anthony
My understanding is that Bank Holidays can still form part of the holiday entitlement.
Someone let me know if I am wrong I will get the suitcase out.
MG
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Posted By Dave Wilson
You are wrong mate, Bank Holidays are not part of annual entitlement.
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Posted By AF
Dave, you are the one that is wrong mate!
The Working Time Regulations 1998 currently entitle workers to four weeks (20 days) paid holiday each year, INCLUDING eight bank/public holidays.
The new forthcoming changes would entitle workers to four weeks' paid holiday each year, plus up to the equivalent of eight paid bank/public holidays. (ie 24 days from 1st Oct 2007, and 28 days in 2009)
Alex
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Posted By Jimmy R
Just to clarify.
From 1 October this year you are entitled to a minimum of 4.8 weeks
the entitlement will increase again to 5.6 weeks from 1 April 2009
those working part-time are entitled to the same level of holiday pro rata (so 4.8 then 5.6 times your usual working week)
Bank and public holidays in Britain can be included in your minimum entitlement if they are paid.
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Posted By Dave Wilson
I take it all back not being an HR Person.
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Posted By martin gray1
Hi Dave
I think we should also remember that when the extra days come in they run pro rata from when your holiday period starts and ends.
What I am saying is if your holidays run from Jan to Dec and the new allowance comes in Oct you are only entitled this year to the period Oct to Dec, which I believe works out about.25 of a day.
MG
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Posted By AF
Martin
Just to clarify it will be pro-rata on the entitlement, and not on the day
ie. if your current entitlement is the minimum 20days including paid public/bank holidays per year, then upon 1st October the minimum will be 4.8 weeks (or 24 days).
In a situation, where the holiday year runs from Jan - Dec, then Oct - Dec will be pro rata at the new minimum (3months or 1/4 annual entitlement)
This should equate to 6 days (1/4 of 24days)
What we also have to remember,those who benefit are those whose employers only specify the minimum holiday entitlement (and will gain an additional total 4 days, with a further 4 in April 2009 = 28 days)
It will be up to existing employers if they wish to change.
I know some who originally had 20 statutory days, plus 3 paid public/bank holidays, this will have to change to meet the new requirements
Others who do 20 statutory + 8 public/bank or whatever, need do nothing (as they will eventually meet the minimum requirements by April 2009)
Alex
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