EMPLOYERS who count the eight public and bank holidays as part of their workers’ holiday entitlement will have to give them extra time off as from October 1, warns law firm DWF.
It says the new Working Time (Amendment) Regulations will increase statutory holidays to a minimum of 5.6 weeks including the eight bank and public holidays, equivalent to 28 days a year for full-time workers.
Currently workers are entitled to a minimum of four weeks, but sometimes this includes bank holidays.
The increase will take effect in two stages: An additional 0.8 weeks – four days a year for full-timers – once the regulations come into force in October, and the second 0.8 weeks from April 1, 2009.
Tim Scott, employment partner at DWF in Liverpool, says: “The changes do not give staff the right to take time off on the actual bank holidays, but they would be allowed to take time in lieu.
“Employers should check their employment contracts and deal with any issues that arise.
“The biggest problem may be clauses stating that employees are entitled to ‘statutory and bank or public holidays’ as this may lead to workers claiming they are entitled to 36 days. Companies in this position should consult an employment lawyer.�
Warning on holiday allocations: The above comments relating to new regulations on