The holiday season is nearly upon us and at this time of year we receive lots of holiday related queries. The position is confusing as it involves a combination of EU law; domestic UK law and case law so read on for the most commonly asked holiday questions.
The EU Working Time Directive provides that member states must provide a minimum of 4 weeks holiday leave (WTD Leave). The Working Time Regulations 1998 transposes the Directive into UK law whilst also providing an additional 1.6 weeks (additional leave). This is where the legal requirement of 5.6 weeks (statutory annual leave) entitlement in each leave year derives. Some employers may also provide additional contractual holiday in addition to statutory annual leave.
Remember annual leave entitlement applies to both workers and employees.
Holiday is sometimes best split into dealing with the leave aspect and the holiday pay aspect.