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Old 20th Oct 2007, 12:15
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2604
 
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Holiday

As from 1st October 2007 the Working Time (Amendment) Regulations 2007, SI 2007/2079 "boost the minimum holiday entitlement for most full time workers from 20 days a year to 24 days this October, and to 28 days from April 2009" (see 2007/06/12 - DTI Press Release "Extra holidays for up to six million workers").

Under law in force until 1st October 2007 almost every worker has the right to four weeks paid holiday per year, or proportionally for part of a year - so, for example, a full time worker who works 5 days a week is entitled to a minimum of 20 days paid holiday per year and a worker who works 3 days a week is entitled to 12 days paid holiday per year (see notes at Holidays/Working Time Regulations 1998 ).

The 2007 increase takes place in two stages (i) from four weeks to 4.8 weeks from 1st October 2007, and (ii) from 4.8 weeks to 5.6 weeks on 1st April 2009 (postponed from 1st October 2008 - see Hansard HC col 49WS, 12th June 2007). A full time worker who works 5 days a week will thus be entitled to a minimum of 24 days per year as from 1st October 2007 and to 28 days as from 1st April 2009.

The change is phased in on a pro rata basis from 1st October 2007 so, for example, an employee whose leave year begins on 1st April will have a holiday entitlement of:


4.4 weeks in the leave year April 2007-March 2008

4.8 weeks in the leave year April 2008-March 2009

5.6 weeks in the leave year April 2009-March 2010 and thereafter.
Important detail points to note include that it will be possible, if employer and worker agree, for the new additional holiday to be carried forward and that part days’ holiday entitlement will not be rounded up.

The rules regarding time off on bank and public holidays remain unchanged - there is no statutory right to holiday on those days, with or without pay (see Holidays/public and bank holidays ).

There are full details on a special BERR Holiday entitlement website. This includes a BERR Holiday Entitlement "calculator".
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