GLOSSARY

Holiday leave definition

Published by a LexisNexis Employment expert

What does Holiday leave mean?

The employees' right to holiday leave either in accordance with the contract of employment or the Working Time Regulations 1998.

The employee's minimum rights to holiday leave are set out in the Working Time Regulations 1998 which specify a minimum of 20 days' leave (inclusive of Public Holidays). Quite often the contract of employment enhances this entitlement further and sets out the rules about how and when holiday leave can be taken.

Minimise

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Holiday

Coronavirus (COVID-19): Issues relating to holiday and holiday pay during the coronavirus (COVID-19) pandemic are considered in Practice Note: Coronavirus (COVID-19)—holiday and holiday pay.The right to take time off from work for holidays may arise under contract or statute. Holiday benefits both employers and workers by allowing workers a period of relaxation and recuperation.This Practice Note sets out the law applicable to statutory and contractual holiday and explains some of the issues that arise in practice in relation to holiday, such as how the right to holiday interacts with rights to other statutory leave. The note also identifies when the use of a relevant agreement to vary or exclude rights is permitted.Entitlement to pay for holiday (and pay in lieu of holiday), as opposed to entitlement to holiday itself, is considered in Practice Note: Holiday pay. Traditionally, and in line with the structure of the Working Time Regulations 1998 (WTR 1998), it has been helpful to distinguish between the two: for example a claim may arise when a worker is allowed to take holiday but is not paid for it—this is a claim for holiday pay. Alternatively, a worker's employer may not permit the worker to take the holiday at all—this is a claim for holiday.However, this conceptual division may not always be appropriate when

Holiday and sickness absence

Coronavirus (COVID-19): Issues relating to holiday and holiday pay during the coronavirus (COVID-19) pandemic are considered in Practice Note: Coronavirus (COVID-19)—holiday and holiday pay.This Practice Note considers various practical issues which arise in relation to the entitlement to annual leave and holiday pay of workers who are, or have been, absent on sick leave, in light of case law on the subject.For information:•on holiday, including statutory and contractual holiday entitlement, payment in lieu, interaction with maternity and other family leave, notice requirements, part-time workers, annualised hours and other atypical working arrangements, bank and public holidays and remedies, see Practice Note: Holiday•on holiday pay, including the basic and additional statutory entitlement, the effect of European law, calculating holiday pay for workers with normal working hours and no normal working hours, the right to holiday on termination of employment, remedies, claims for historical underpayments of statutory holiday and the interrelationship between contractual and statutory holiday pay, see Practice Note: Holiday payWorkers on long-term sick leave may, although still employed, be on zero pay after a while. Thus it matters if they are entitled to take statutory annual leave during sick leave, as during such annual leave they would be entitled to their normal rate of pay. It is of particular

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Executive service agreement

Executive service agreement This Agreement is made on [date] Parties 1 [Name of company], a company incorporated in England with registered number [number] whose registered office is at [address] (the Company); and 2 [Name of employee], of [address] (you). The parties agree: 1 Definitions and interpretation 1.1 In this Agreement the following expressions will, unless the context otherwise requires, have the meanings set opposite them: Basic Salary • the meaning given to it in Clause 8.1; [Board • [the directors of the Company present at a meeting (i) of directors of the Company or (ii) of a duly appointed committee of directors of the Company[, such meeting to be convened and quorate in accordance with the articles of association of the Company and the Companies Act 2006] OR the directors of the Company present at a meeting of directors of the Company[, such meeting to be convened and quorate in accordance with the articles of association of the Company and the Companies Act 2006] ];] [Chief Executive • the [chief executive] of [the Company OR [insert name of Group Company]] as appointed by the [Board OR Group Board] from time to time;] Commencement Date • [[date] OR the date specified in Clause 3.1] (notwithstanding the date of execution of this Agreement); Competing Business • the meaning given to it in Clause 27.6; Confidential Information • the meaning given to it in Clause 18.1; [Control • the meaning set out in section 995 of the

Partnership agreement—short form

Partnership agreement—short form This Partnership Agreement is made on [insert date] Parties 1 [insert name of partner], of [insert address of partner] 2 [insert name of partner], of [insert address of partner] Background The Partners wish to engage in [insert nature of business or profession or trade] in partnership on the terms set out in this agreement. The parties agree: 1 Definitions and interpretation 1.1 In this agreement, unless the context otherwise requires: Accountants • means [insert name of Partnership’s accountants] or such other firm of chartered accountants as are appointed to replace them in accordance with the provisions of this agreement; Accounting Date • means [insert day and month] in each year or such other date as may be determined in accordance with this agreement; Accounting Period • means each accounting period of the Partnership (whether of one year or more or less) ending on the Accounting Date and, in the case of the first Accounting Period, the period starting on the Commencement Date and ending on the Accounting Date in [insert year]; Business • means the business, profession or trade of [insert details of the Partnership business] and/or such other business, profession or trade to be carried on by the Partnership as is approved from time to time by unanimous resolution; Business Day • means a day, other than a Saturday, Sunday or public holiday, on which clearing banks are open for non-automated commercial business in the City

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Should an employer give all part-time workers a pro rata entitlement to bank holidays, regardless of whether they usually work on the days of the week on which those bank holidays fall?

Should an employer give all part-time workers a pro rata entitlement to bank holidays, regardless of whether they usually work on the days of the week on which those bank holidays fall? The answer to this question assumes that the employer's full-time workers are not required to work on bank holidays under their contracts. It also assumes that 'bank holiday' includes traditional public holidays, such as Good Friday and Christmas Day, which are not, in technical terms, 'bank' holidays. For further information in relation to bank holidays generally, see our Practice Note Holiday—Bank holidays and public holidays. For further information in relation to part-time workers generally and holiday arrangements for such workers, see our Practice Notes: • Part-time workers • Holiday—Part-time workers, annualised hours and other atypical working arrangements Bank holidays There is no statutory right to paid public holidays (or time off in lieu of them)—see Holiday—Whether there is a right to take a bank or public holiday as paid leave. However, many employers grant public holidays as holiday in addition to the holiday entitlement stated in a worker's contract (eg 'four weeks' holiday plus bank holidays'). Some employers, however, only give this benefit if the public holiday in question falls on a day on which the worker would otherwise usually be at work. This can result in unfairness to some part-time workers. Statutory protection for part-time workers Under the Part-time Workers (Prevention of Less

Can an employee be made to take holiday during a period of suspension?

Can an employee be made to take holiday during a period of suspension? Where an employee is suspended from work, eg during an investigation into alleged misconduct, he will usually be entitled to receive his full pay during the suspension period. In circumstances where the employee is not having to do any work, the employer may resent having to pay the employee and may seek to require him to take some of his paid holiday entitlement instead. This Q&A examines the extent to which this is possible. Notice requirements for holiday leave An employer may require a worker to take his statutory holiday entitlement on particular days by giving him notice. The employer's notice must be given twice as many days in advance of the start of the leave's duration. The employer does not have give this notice in writing, although it is preferable to do so for evidential reasons. For further information, see Practice Note: Holiday—When statutory holiday may be taken and the notice requirements. Suspension It is common for the employment contract to include the right to suspend the employee on full pay for the purpose of investigating allegations of misconduct (see clause 9.2 of Precedent: Employment contract basic version). Suspension is used as a protective measure while the employer investigates allegations of serious misconduct against an employee, and the employer has reason to believe that the employee's continued presence in

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Holiday taken but unpaid can be carried forward for holiday pay claim (Smith v Pimlico Plumbers)

Employment analysis: Workers have a single composite right to ‘paid annual leave’ under the Working Time Directive (ie the four weeks basic entitlement) . If an employer disputes that right and refuses to pay for the leave, then if a worker takes unpaid leave they are not exercising the right. A worker can only lose the right to take paid annual leave at the end of the leave year (in a case where the right is disputed and the employer refuses to remunerate it) if the employer can meet the burden of showing that it, specifically and transparently, gave the worker the opportunity to take paid annual leave, encouraged the worker to take paid annual leave and informed the worker that the right would be lost at the end of the leave year. If the employer cannot meet that burden, the right does not lapse but carries over and accumulates until termination of the contract, at which point the worker is entitled to a payment in respect of all the unpaid annual leave that has accumulated (whether or not they have taken that leave), according to the Court of Appeal. Further, in obiter comments described as a ‘strong provisional view’, Simler LJ stated that the EAT in Bear Scotland v Fulton was wrong to hold that a period of more than three months between underpayments would result in the earlier underpayments being excluded from a 'series of deductions’ for the purposes of section 23(3) of the Employment Rights Act 1996.

Employment weekly highlights—20 May 2021

This edition of Employment weekly highlights includes: (1) an analysis of the key steps employers should be taking to implement step 3 of the COVID-19 roadmap by Hannah Ford and Sarah Taylor of Stevens & Bolton, (2) the government response to the report on the impact of the coronavirus pandemic on businesses and workers, (3) a pledge from several large UK employers to encourage and facilitate staff receiving the coronavirus vaccine, (4) top tips for businesses re-opening on 17 May from Acas, (5) the Welsh Government’s announcement for Wales to move to alert level 2, (6) various coronavirus health protection amendment regulations relating to international travel and national restrictions, (7) an analysis of how the COVID-19 crisis threatens the progress made in reducing the gender pay gap by Tracey Marsden and Catriona Aldridge of CMS, (8) the government’s response to the Women and Equalities Committee’s report on the gendered economic impact of the pandemic, (9) an analysis of both the negative and positive aspects the pandemic has had on employees with disabilities by Gary Henderson of CMS, (10) an EAT judgment on the requirements for worker status, (11) guidance from the Education and Skills Funding Agency on the termination of funding agreements, (12) updated guidance from HMRC on the apprenticeship levy, (13) a statement from the Information Commissioner’s Office on the Data Sharing Code of Practice, (14) the weekly operational summary from HM Courts and Tribunals Service, (15) Norway’s assent to the UK joining the Lugano Convention 2007, (16) a consultation by the Department for Work & Pensions relating to simpler annual benefit statements, (17) an analysis by Shahjahan Ali of DAC Beachcroft of whether a policy of only issuing digital status to EU nationals may be discriminatory, (18) new Brexit amendment regulations to remove ineffective obligations in relation to the recognition of professional qualification, (19) an opportunity to participate in our customer survey on UK/EU divergence, (20) a new Practice Note considering the extended version of the Coronavirus Job Retention Scheme that applies from 1 May 2021 to 30 September 2021, (21) dates for your diary, (22) updates to our case, coronavirus employment legislation, Brexit legislation and consultation trackers, (23) new Q&As, and (24) the Industrial Relations Law Reports (IRLR) Highlights for June 2021.

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View the latest Halsbury's Laws of England documents on Holiday leave

291. Domestic service.

291. Domestic service. In relation to a worker1 employed as a domestic servant in a private household, certain provisions of the working time regulations that relate to: (1) the maximum weekly working time for a worker2; (2) the maximum weekly working time for young workers3; (3) the average length of night work4; (4) the restriction on night work by young workers5; (5) a night worker's access to free health assessments and his transfer to other work where a registered medical practitioner has so advised6

Holiday leave is referenced 1 in Halsbury's Laws of England

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