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Holiday pay, etc.

Employment and Discrimination Law

Holiday pay, etc.

Postby Hairyloon » Sat Nov 11, 2017 2:17 pm

I have met a few companies that seek to avoid providing paid holidays by dint of paying a little extra for their work. This seems fair, but is it legal?
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Re: Holiday pay, etc.

Postby atticus » Sat Nov 11, 2017 3:43 pm

I think you need to drill down into the mechanics of how the companies of your acquaintance do this.
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Re: Holiday pay, etc.

Postby YorkshireBloke » Sat Nov 11, 2017 3:51 pm

Hi,

Holidays are supposed to be about health and safety. Today's workforce need, according to the Law, 5.6 weeks or they will become ill. :o

Paying for the ."first" four weeks holidays or rolling them over breaks EU law 'cos they insist that paid leave is given. Only at the end of a contract when the worker couldn't possibly take them is "buying the days" acceptable.

The rest of the 5.6 weeks can be rolled over or paid for...

BUT... With a worker on variable hours, no promise they have to work for the employer again, but then again they might (zero hours, bank staff etc) the employer faces a massive problem of working out how to pay holidays.

In those cases "rolled up" holiday pay might be the only solution, would that be breaking EU Law?? Any scholars willing to research this?? ;)

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Re: Holiday pay, etc.

Postby Hairyloon » Sat Nov 11, 2017 11:32 pm

atticus wrote:I think you need to drill down into the mechanics of how the companies of your acquaintance do this.


I'll take that as a "Maybe" and ask a new question.
What mechanisms to do this would fall within the law?

YorkshireBloke wrote:Holidays are supposed to be about health and safety. Today's workforce need, according to the Law, 5.6 weeks or they will become ill. :o

That isn't likely to be an issue in the matter I am looking at: they're not seeking to deny the holidays, they just want to arrange the pay differently.

Paying for the ."first" four weeks holidays or rolling them over breaks EU law 'cos they insist that paid leave is given. Only at the end of a contract when the worker couldn't possibly take them is "buying the days" acceptable.


I think I don't understand what you're saying here.
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Re: Holiday pay, etc.

Postby YorkshireBloke » Sun Nov 12, 2017 8:14 pm

Hi,

Paying more brass is not always lawful. Time off should be given with pay, not pay in lieu of time off.

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