Holiday

Q        We give our employees twenty four days including bank holidays.  I've heard a rumour that the statutory holiday entitlement is increasing again, is this true?

A        Yes.  Under the Working Time Regulations employees will be entitled to 28 days with effect from April 2009.

Q        Do I have to allow employees to carry holiday over from one year to the next?

A        No, not unless your Company policy gives a total of more than 28 days holiday and says that you allow this.  However, for the avoidance of doubt it's advisable to state in your holiday policy that you don't allow holiday to be carried forward and any entitlement not used at the end of the holiday year will be lost.

Q        We have a business which often requires us to work on weekends and Bank Holidays.  Can I ask my staff to work Bank Holidays?

A        There is no statutory right for employees to take Bank Holidays off.  However, in their contract of employment you should state that their holiday entitlement is inclusive of all Statutory Holidays.

Q        Am I able to insist that staff keep back four days of their holiday entitlement to be taken at Christmas when we shut down?

A        Yes you can.  However, it is important that this is made clear to staff and you give them plenty of notice of which days they will be required to take as holiday.

Q        I've just had to dismiss a member of staff for gross misconduct and they have only taken five of their eight days' accrued holiday entitlement.  I'm assuming that as I've dismissed them for gross misconduct I don't need to pay them holiday.  Is this correct?

A        No, unfortunately under the Working Time Regulations you have to pay the employee in lieu of any accrued but untaken holiday, regardless of the fact that you have dismissed them for gross misconduct.