LRD guides and handbook September 2020

Defending terms and conditions - a legal guide for union reps

Chapter 2

Holidays

[ch 2: page 35]

All workers are entitled to at least 5.6 weeks’ paid holiday a year under the Working Time Regulations 1998 (WTR). This is a minimum allocation below which employers cannot fall. Some employees have better holiday rights under their employment contract.

The written statement of employment particulars (which must be provided on or before the start date) must include information on holiday entitlement, including public holidays, and holiday pay, in enough detail to enable that entitlement to be precisely calculated.

Workers must be paid normal wages when on holiday. This includes regular voluntary overtime and results-based commission.

Unions have won many important tribunal cases securing holiday pay rights for all workers, especially the right to be paid normal wages when on holiday and the accrual of holidays and holiday pay rights during sickness absence. These tribunal victories all rely on EU law — the Working Time Directive. They are therefore at risk of being watered down once the Brexit transition period ends (December 2020). Unions will have to fight to preserve these gains for working people.