The EAT held that Mr Plumb was entitled to payment in lieu of annual leave for 2012 but not for 2010 and 2011. Permission to appeal to the Court of Appeal was granted to both parties.
Do you understand holiday pay and leave? The CIPP run a practical half day course which includes an overview of the legal framework that governs holiday pay and entitlement, as well as worked exercises to explore the calculations thoroughly. Visit our website for full details.
1.7 million missing out on paid holidays 31 July 2015
The TUC says that HMRC should enforce minimum legal entitlement to holiday rather than putting the entire onus on the worker.
New figures published by the TUC indicate that 1,669,000 employees are missing out on their minimum legal entitlement to paid holidays.
The TUC’s analysis of unpublished figures from the 2014 Labour Force Survey (LFS) shows that on average 6.4 per cent of employees across the UK are losing out on their holiday rights.
In Northern Ireland this figure rises to 9.5 per cent and in Wales it is 7.6 per cent. English regions most affected are London (7.5 per cent) and the West Midlands (6.9 per cent). In contrast, the figure for the North East of England is 5.1 per cent and for Scotland it is 5.2 per cent. In terms of job sectors, the greatest concentration of missed holiday entitlements is found in arts and entertainment (13.9 per cent), accommodation and food (12.5 per cent), administration and support services (9.2 per cent) and construction (8.1 per cent). In contrast, the figure for the finance and insurance sector is only 1.9 per cent and for public administration and defence it is only 2.8 per cent. In November 1998 the introduction of the EU Working Time Directive extended the right to paid leave to all workers for the first time. Up to six million workers in the UK, who had less leave than the minimum standard of four weeks, benefitted from the new Working Time Directive holiday allowance. Entitlement in the UK was increased in 2007 and 2009 following a campaign by the TUC that showed many workers were forced to use paid leave on bank holidays. The TUC warns that it has become easier for bad employers to get away with denying workers their full holiday pay since employment tribunal fees were introduced. The TUC also argues that rather than putting the entire onus on the worker, HM Revenue and Customs should also enforce holiday.
Read the full press release from the TUC.
Acas summer holiday guidance 13 August 2015
The summer holiday period can be a busy time for annual leave requests and employers face the challenge of balancing both the needs of their business and their employees.
Employers may struggle to grant all their employees the leave they have asked for at popular holiday times, while still meeting their business needs. If you are an employer, have you considered allowing flexible working? Do you know what "time off for dependants" is?
Whether you are an employer or an employee, this guidance from Acas answers your questions about granting and taking time off during the busy summer period.
Other Acas articles which may be of interest:
CIPP Policy News Journal
25/04/2016, Page 125 of 453
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