Other Useful Information

Paid Annual Leave

The minimum statutory holiday entitlement is 5.6 weeks per year, including Bank Holiday's. So if an employee works five days per week this would be 20 days plus 8 bank holidays. For a part-time employee they will receive the same holiday on a pro-rata basis.

One of the easiest ways to calculate part time holidays is to take the total hours worked per week and multiply this by 5.6. This will give you the total number of hours holiday they are entitled to for the year.

Accrual of Holiday While Off Sick

The Court of Appeal has recently held that a worker, who has not been able to take paid annual leave due to sickness, can claim a payment in lieu on termination of their employment without previously making a request to carry the leave forward.

In the recent case of NHS Leeds v Larner Mrs Larner was absent due to sickness for the whole of the whole year (2009/2010). She didn't take paid annual leave nor did she request that it be carried forward to the next leave year.

Early in the following leave year Mrs Larner was dismissed and NHS Leeds refused to pay for the leave not taken in 2009/2010. Mrs Larner claimed a payment in lieu of the untaken leave.

It was held that as her employment was terminated before she could take her carried forward leave, she was entitled to a payment on termination for the paid annual leave that she had been unable to take, irrespective of any prior request to do so.

Case Law:
This case runs in line with recent case law regarding the accrual and payment of holiday during sickness absence. It is now established case law that holiday pay continues to accrue during periods of absence due to sickness (Stringer v Revenue & Customs; Schultz-Hoff v Deutsche Rentenversicherung Bund) and an employee who is prevented from taking annual leave through sickness must be allowed to take their annual leave that they missed later in the year, or if that is not possible, in a subsequent leave year (Pereda v Madrid Movilidad; Asociation Nacional de Grandes Empresas de Distribucion (ANGED) v Federacion de Asociaciones Sindicates (FASGA).

Eligibility to Work in the UK

Every Company has an obligation under the Immigration, Asylum and Nationality Act 2006 to ensure that checks are implemented to ascertain an individuals right to work in the United Kingdom prior to commencement of employment. These checks must be applied to all prospective employees, regardless of apparent race, origin or citizenship. The UK Border Agency provides: details of documents required; worker registration and authorisation; and exemptions.