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February 2012
Putting lawyers in touch with the youth of Oldham
Pearson Hinchliffe partner, Michael Pitt, takes over as 2012 Oldham Law Association President.
MorePaid holiday entitlement increases from 1 April 2009
1st April 2009
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
January 2012
Company and commercial law reforms to reduce red tape
Companies of all shapes and sizes have been asked for their views on how to tackle unnecessary bureaucracy in company and commercial law.
MoreJanuary 2012
Increase in unfair dismissal qualifying period will apply only to new employees
From 6 April 2012 the qualifying period of service for making a claim increases from one to two years.
MoreJanuary 2012
Maximum compensation for unfair dismissal increases from 1 February 2012
Annual revision of employment tribunal award limits and other amounts payable under employment legislation.
MoreDecember 2011
Health and safety laws to be cut by half
Government plans to slash health and safety red tape will mean substantial savings for small firms, business groups have said.
MoreNovember 2011
Weight Watchers case: the importance to employers of employment status.
The Upper Tier Tribunal holds 1,700 ‘leaders’ at Weight Watchers were employees for tax purposes.
MoreSeptember 2011
How to Conduct a Disciplinary Hearing
A recent presentation by Employment solicitor, Susan Mayall, setting out the stages for handling a disciplinary, referencing the ACAS Code of Conduct.
June 2011
ACAS Advice leaflet “Holidays and Holiday Pay”
Download the guidance covering arrangements for holidays and holiday pay.
October 2010
Recent Case Study: Commercial Landlord and Tenant - An Authorised Guarantee Agreement
Authorised Guarantee Agreements keep the original tenant on the hook in case a third party assignee defaults; they should be drafted with care.
July 2010
Recent Case Study: Doing Battle in the Boardroom
How Pearson Hinchliffe Commercial Law helped members of the Board of Directors achieve the outcome they sought in their boardroom dispute with a senior executive director.
May 2010
How the Mergers & Acquisitions team helped Lanes Group PLC achieve their LAS sell-off
Drainage specialists dispose £12.3 million majority stake in Lanes Assistance Services.
March 2010
PH Employment Direct
The Employment team at Pearson Hinchliffe Commercial Law have created PH Employment Direct - a user-friendly and simple service that gives you access to the best advice at the end of a phone 24hrs a day, 7 days a week, 365 days a year.
February 2010
Oldham Construction Sector
On 3 February 2010 Corporate Commercial partner Roger Hinchliffe delivered a presentation entitled, ‘Joint Ventures’ to the Oldham Construction Sector group.
January 2010
Debt Recovery Service
With our specialist commercial Debt Recovery service you can significantly increase the speed and likelihood of recovering the money owed to your business.