Substituting holiday for pay
Apr 22 2008
The first thing you should do is check your existing written statements or contracts of employment. Under the Working Time Regulations 1998, workers (including part-timers and most agency and freelance workers) currently have the right to 4.8 weeks' paid leave each year (since 1 October 2007). Therefore a five day a week worker (presuming the holiday year started in January) would be currently entitled to a minimum 24 days holiday inclusive of bank holidays.
Statutory annual leave entitlement will increase from 4.8 weeks to 5.6 weeks (capped at 28 days) on 1 April 2009. Therefore a 5 day a week worker would then receive a minimum of 28 days holiday.
WIth regards to payment in lieu, as a temporary measure until April 2009 employers can pay workers in lieu of the additional days or part days introduced on 1st October 2007. In relation to any additional contractual days, both parties have complete freedom to agree to pay in lieu and carry over provisions.