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From today (1 April 2009), all UK workers’ statutory entitlement to paid leave, including agency workers working on temporary assignments, increases from 24 days (for those working a five-day week) to 28 days. |
This is calculated at 5.6 times the usual 5-day working week – capped at a maximum of 28 days. Employers may include bank and public holidays in the entitlement - but only if the employee is paid for that day off.
So for example, a worker on a three-day week will be entitled to 16.8 days paid annual leave; and a person on a 5 day week will be entitled to 28 days paid annual leave (not 30.8 days).
Business Link has proposed the following useful calculation on how much holiday to give your staff:
On 1 April 2009, workers became entitled to an extra 0.8 weeks' holiday.
Therefore, if their current leave year began before 1 April 2009, you will have to recalculate your workers' statutory holiday entitlement based on the number of months in the leave year falling after 1 April.
For example, if their leave year runs from 1 January to 31 December 2009, your staff are entitled to nine months worth of the additional entitlement - an extra 0.6 weeks:
(0.8 ÷ 12) x 9 = 0.6
If their leave year runs from 1 October 2008 to 30 September 2009, your staff are entitled to six months' worth of the additional entitlement - an extra 0.4 weeks:
(0.8 ÷ 12) x 6 = 0.4
New starters
Workers whose leave year is tied to your business' leave year and who start working for you part-way through it are entitled to paid leave proportionate to the rest of that leave year.
If a worker started before 1 April 2009, their holiday entitlement for the first year will be the proportion of a full year they worked before 1 April 2009, multiplied by 4.8 weeks, plus the proportion of a full year that they will work after 1 April 2009, multiplied by 5.6 weeks.
For example, a worker started on 1 March 2009 and their leave year ends on 31 December 2009. Their holiday entitlement is (4 weeks ÷ 52) x 4.8 weeks = 0.37 weeks, plus (39 weeks ÷ 52) x 5.6 weeks = 4.2 weeks. This gives a total holiday entitlement of 4.57 weeks.
The whole of a worker's statutory leave entitlement exists from the beginning of each leave year. However, in their first year of their employment, you may restrict your workers to accruing leave monthly at the rate of one twelfth of the annual entitlement.
SOURCE: Business Link
Informing your staff
As the increase in holiday is a beneficial change in the terms and conditions of employment for the worker it’s not necessary to consult about the changes or to reissue contracts. However, employees should be informed of their increased holiday entitlement in writing, e.g. through a staff letter.
This change is being introduced in line with the Working Time (Amendment) Regulations 2007.
Contact us for help and advice
If you require support or advice on implementing the changes, please feel free to consult employment solicitor Susan Mayall on 0161 785 3500 or email susan.mayall@pearson-hinchliffe.co.uk
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