The following Employment practice note provides comprehensive and up to date legal information covering:
The right to be paid for holidays is a statutory entitlement and may also be a contractual entitlement.
The vast majority of this Practice Note concerns the UK statutory entitlement to holiday pay, and how the European law rights that form part of the underpinning for that entitlement affect it in practice. The discussion of issues relating to statutory holiday pay begins immediately below.
Contractual rights to holiday pay are discussed towards the end of this Practice Note. See: Contractual holiday pay.
For information and guidance on the right to take time off for holidays, as opposed to the right to be paid for such holidays, see Practice Note: Holiday instead.
The Working Time Regulations 1998, SI 1998/1833 (WTR 1998) entitle a worker to be paid:
in respect of any period of statutory holiday
in lieu of any statutory holiday entitlement accrued but unused on termination of their employment
With effect from 26 February 2016, agricultural workers
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Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and procedure in the civil courts that have been introduced as a result of the coronavirus (COVID-19) pandemic. For guidance, see Practice Note: Coronavirus
The Financial Conduct Authority Handbook (FCA Handbook) includes sourcebooks to regulate the conduct of business by a regulated firm relevant to insurers: the Conduct of Business Sourcebook (COBS) and the Insurance Conduct of Business Sourcebook (ICOBS). This Practice Note considers how these
What is a third party debt order (TPDO)?Third party debt orders were previously known as 'garnishee' orders and operated under the regime provided for in CCR Ord 30 and RSC Ord 49 (now revoked). Although the rules in CPR 72 are new, many of the principles with which they are concerned are well
Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners dealing with provisions in the CPR relevant to cross border matters, including CPR 5.4C (discussed below). For guidance on the impact of Brexit on the CPR, see Cross border
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