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Workers on Holiday: Legal Implications


Workers on Holiday: Legal Implications


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As British summertime reaches its peak and the school holidays begin, it is the busiest time for UK workers to take annual leave.
 
Employment law expert, ELAS, is warning that employers must be aware of the procedures and best practice to follow if they are thinking about contacting workers that are on annual leave.
 
Head of consultancy at ELAS, Peter Mooney, says: “Employers must be mindful about contacting workers while they take time off. The purpose of taking time away from work is to relax. Contacting employees on holiday could cause work-related stress, leading an increased risk of absences within the workforce. Additionally, there are a host of health and safety benefits that come with a break for the workplace. Despite this, many employees do opt to work whilst on leave, with research suggesting some 39 per cent of UK workers work up to three hours whilst on holiday.
 
“From an employment law standpoint employers can only give holiday pay when holidays are taken and cannot receive holiday pay whilst at work. Likewise, when holiday pay is given, workers cannot be paid on top of this if they decide to work during their holiday entitlement. The only way that holiday entitlement can be paid that isn’t taken is through accrued holiday entitlement if an employee leaves a business.
“Staff who decide to work during holidays have the possible threat of creating a false economy for employers. The Working Time Regulations (1998), which introduced holiday entitlement, is in place to allow employees to relax, which in turn can mitigate any long-term absences or work-related stress within an organisation.”
 
In the NHS Leeds vs Lanner 2012 case, Lord Justice Mamery stated:
“The purpose of paid annual leave guaranteed by EU law is different from the purpose of entitlement to sick leave, which is not governed by EU law. The purpose of the former is to enable a worker to enjoy rest, relaxation and leisure.”
 
ELAS has compiled advice that employers should follow when contacting employers regarding annual leave entitlement:
 
Be Mindful of the Law
“The minimum period of annual leave may not be replaced by an allowance in lieu, except where the employment relationship is terminated.” - The Working Time Regulations (1998).
 
Long-Term Benefits
Allowing workers to enjoy their holiday can mitigate work-related stress.
 
Regulation Updates
All employers must be fully aware of the changes of basic holiday entitlement, the current holiday entitlement, which changed in 2007, is 28 days.

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