16/12/2015
All workers in the UK are entitled to a minimum of 28 days (5.6 weeks – pro rata’d if you are part time) paid leave each year, and this is protected by law.
What you need to know:
* You start gaining holiday entitlement as soon as you start work.
* Holiday entitlement cannot be counted as weekly rest days, as it is separate.
* Bank and Public holidays can be included in these 28 days; at the moment there is no legal obligation to not work bank holidays.
* Your Employer has no legal obligation to ensure you have taken your statutory holiday entitlement. Therefore it is imperative that you ensure that you get what you deserve.
* The simplest way to calculate your holiday entitlement is to multiply the number of days you work each week by 5.6. The holiday entitlement of 5.6 weeks is the equivalent of 12.07 % of the hours worked over a year.
* If you are an Agency Temp then the Agency that employs you (not the Employer you are working for) is responsible for ensuring you receive your statutory minimum holiday entitlement.
Calculating Holiday entitlement for shift workers
It is usually easier to calculate this by the number of shifts you get off – e.g. if you work 4 x 12 hour shifts on and then have 4 days off, the average working week is 3.5 x 12 hour shifts. So, 5.6 weeks holiday is 5.6 x 3.5 = 19.6 x 12 hour shifts holiday entitlement.
You ought to be aware that the statutory paid holiday entitlement is capped at 28 days. So, if you work 6 days a week, you are not entitled to more than 28 days holiday under statutory entitlement (your Employer may give you more, and this is at their discretion) – e.g. 5.6 x 5 days per week = 28 days but 5.6 x 6 days per week = 33.6 days.
How much pay should you receive for a week’s holiday:
One week’s pay is calculated in accordance with the definition of a working week in the Employment Rights Act 1996 which says that a ‘working week’ includes overtime only if this is contractual, i.e. it is specified in your employment contract. If your overtime is not specified in the contract it was not counted. Note that this guide stipulates the legal obligation of the employer to employer and is based on minimum requirements. Nevertheless, it is worth negotiating your holiday entitlement if you are working long hours.
Written By:
Daniel James
www.danieljamesbio.com
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