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Part-time employees are entitled to a pro rata amount of holiday calculated on the full-time entitlement.
If the holiday entitlement increases with service, this must be capped at 5 years’ service in order to comply with the age discrimination regulations. If the holiday entitlement continues to increase after this period of time, you need to be able to show that the added benefit fulfils a business need.
The amount of holiday your employees can take every year must be specified in their contract of employment. If they leave their employment, any unused holiday should be included with their final pay and calculated at the basic rate of their salary.
Apart from the above, there are no legal requirements governing holiday leave. All other aspects of your employees’ holiday should be set out either in their contract of employment or in a staff handbook, and these aspects are likely to include when their leave year starts (generally either the beginning of January or from the first day of their employment), whether they can carry holiday over from one leave year to the next, and what procedures they should follow for booking their holiday.
If you would like more detailed information about holiday leave, Ashby Cohen can help you. We specialise in employment law cases, and our years of experience as employment lawyers make us uniquely qualified to assist you with any holiday leave issues you may have. Please contact us for an initial free consultation.
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