Monthly Archives: June 2013

How many holiday dates are employees truly due?

Advice on holiday leave entitlement at your employment.Everyone needs a break from work now and again, and that’s what holidays are for. However, a common gripe from many workers across the country is that they don’t get enough holiday time!

So how much of it are employees truly entitled to?

Well, in line with the Working Time Regulations Act, full-time employees are entitled to 28 days holiday per annum. However, this can include bank and public holidays (such as Christmas and New Year), so the amount of flexible holiday dates you end up with could be less. As long as they add up to 28 days overall, then your employer isn’t breaching employment law.

If you’re a part time employee, then your holiday entitlement is calculated on a pro-rata basis against the standard 28 days full-time employees receive. That means that, for instance, if you work half the hours that one of your full-time colleagues does, you’ll be entitled to 14 days.

Of course, depending on the nature of your position or policies within the company you work for you could end up with more – the above is just a guide to the legal minimum.

One thing that employers need to bear in mind though, is that the amount of holiday dates you’re entitled to should be specified in your contract. When changes are made to your contract (for instance if you receive a promotion), any alterations to your holiday allowance must be specified within your new one.

Any unused holiday entitlement should also be included in your final pay if you leave your position.

Some employers will allow you to carry over leave from one year to the next, while others won’t – this is at their own discretion. However, this information also has to be included in your contract or staff handbook.

Details on the holiday request process should also be included in one of these documents.

If you’ve got any further queries about holiday leave, or you require an employment lawyer in London, then don’t hesitate to get in touch. We’d love to hear from you, and would be more than happy to provide you with any advice you need.

Part-time workers: Know your rights

Ashby Cohen offer expert advice on your rights as a part-time workerFor almost two decades, part-time workers have enjoyed the same protection rights as their full-time colleagues, thanks to regulation changes designed to prevent unfavourable treatment based on the amount of hours an employee works.

Since 1995, these directives have been bolstered by the Part-time Workers’ Regulations of 2000 – but employers sticking to pre-1995 conventions, and treating part-time workers unfairly, run a real risk of legal action.

For a part-time employee, unfavourable treatment, when compared to a full-time worker, could include:

  • Differences in the terms of contract, including pay, holiday, and benefits
  • Being subjected to any other detriment by any act or deliberate failure to act

Importantly, because the vast majority of part-time workers tend to be female, cases of indirect sex discrimination are possible. This occurs when the terms and conditions, or pay, of a female’s employment are worse than full-time, male employees.

Although part-time worker’s work fewer hours than a full-time worker, there is no particular number of hours that makes someone part-time or full-time. Typically, though, a full-time employee will work 35 hours a week or more. Legally, however, part-time workers should receive the same treatment for:

  • Pay rates (including sick pay, maternity, paternity and adoption leave and pay)
  • Pensions and benefits
  • Holidays
  • Additional training and career development
  • Promotions and transfers
  • Career breaks (if applicable)

Here at Ashby Cohen, we specialise in employment law cases, leaving us perfectly placed to offer you expert advice on your rights as a part-time worker.

If you do feel you have a claim against your employer for any of the above reasons, length of service is not a factor, and we offer a free initial consultation.

Please contact us today for more details.