Employment law is known for its fast-changing nature but did you know that employment law also has the shortest time limits in which to issue your claim compared to other areas of law? Continue reading “Employment Law Claim Time Limit”
Author: Ilinca Mardarescu
Sickness & Holidays, Sick pay while on paid holiday.
With the holiday season upon us most of our thoughts turn to that magical fortnight on the beach or, in any event, away from the daily grind of the office. Continue reading “Sickness & Holidays, Sick pay while on paid holiday.”
Are you “Fit For Work?”
Fit For Work is a new service currently being rolled out by Health Management Limited. Continue reading “Are you “Fit For Work?””
Employment Law and the Elections
With the election approaching and canvassing in full swing, employment law has been a hot topic for all parties. Continue reading “Employment Law and the Elections”
Shared Parental Leave. Regulation is Changing
Parents of babies born on or after 5 April 2015 will now be entitled to take shared parental leave of up to 52 weeks following the introduction of the Shared Parental Leave Regulations SI 2014/3050. This allows parents to put their leave in a pot, so to speak, and jointly take leave out of the pot, regardless of whether the mother is owed more leave than the father. Continue reading “Shared Parental Leave. Regulation is Changing”
National Insurance Changes for Employers?
If you are an employer who employs individuals between the ages of 16 and 21, new changes coming into force from 6 April 2015 mean that you will no longer have to pay Class 1 National Insurance contributions.
Continue reading “National Insurance Changes for Employers?”
Employment Law – How much holiday should you get?
Holiday entitlement; an opportunity to swap the glow of your computer monitor, for the sun on a lovely beach holiday in the Med. Alternatively it can give you a chance to catch up with the more casual side of your life, or simply take that much needed break. However you choose to spend your time away from work, are you receiving enough holiday entitlement? And are you being paid correctly during this time off? Continue reading to find out what the law states on this entitlement, and how it can differ between companies.
Firstly, employers have to consider the amount of hours you work, and the type of contract you are on before making a judgement on how much entitlement you receive. Under the Working Time Regulations 1998, workers are legally entitled to 5.6 weeks’ worth of paid holiday per year.
This is made up of an entitlement to four weeks of holiday under the Working Time Directive 2003/88/EC, and an additional 1.6 weeks under the Working Time Regulations 1998.
If you work a 5 day week, this equates to 28 days paid working days’ worth of leave per year, this figure being calculated by multiplying 5.6 weeks’ worth of paid holiday by the normal working week of 5 days. However, someone working part-time, for example 3 days a week would be entitled to 16.8 days of annual paid leave, calculated by multiplying 3 by 5.6. The amount of days a week you work is proportionate to the amount of holiday entitlement you will receive. The pay you will receive for both part time and full time work, is the same amount that you would receive in a standard working week, as long as you still have holiday entitlement.
It is relatively easy to calculate the holiday entitlement of a worker who works a fixed set of hours, however it can be trickier to work out the entitlement of an employee who works irregularly or without fixed hours. This is calculated by taking into account the average pay earned by an individual per week, over the last 12 weeks. To work out your holiday entitlement in hours for your irregular work, there is a handy government online calculator (https://www.gov.uk/calculate-your-holiday-entitlement).
How does the UK stand when it comes to annual leave?
In the UK, the law states that we are entitled to paid annual leave, relative to the hours we work. This can be contrasted with America, where citizens receive around 6 days paid annual leave on average, in the absence of any laws providing them with paid days off. Some companies in the US don’t provide their employees with any annual leave at all!
A stark comparison can be drawn with France where the law states that employees are to be given at least 30 days paid annual leave, with many companies even offering around 50 days.
Within the UK, various jobs provide different amounts of annual leave. For example, teachers can receive up to 13 weeks paid holiday a year. Due to the nature of the school term, teacher’s benefit from long breaks in the year, with 6 week long summer holidays, although many teachers work during this time reporting that they work around 57 hours a week. In contrast, doctors nearly always receive the minimum required paid annual leave.
This is just a brief summary of the law regarding annual leave, and some examples of how it can differ. The gov.uk site can offer further insight into the UK law regarding employment and annual leave, and this can be found by clicking here: (https://www.gov.uk/holiday-entitlement-rights).
Aston Bond can assist you with any employment issues or queries you may have, give us a call on 01753 486 777 to speak to one of our specialist solicitors.
Joel Chapman, Marketing
jchapman@astonbond.co.uk
Read another one of our blogs: What rest breaks are you entitled to at work?