Firms warned over extra holiday rights


New working rules could mean employers who count public and bank holidays as part of holiday entitlements may have to give staff extra time off.

From October 1, the 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.

"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," explains Matthew Yates, employment partner at law firm DWF.

He advises employers to check their employment contracts for entitlements. "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," he added.

Currently, workers are entitled to a minimum of four weeks holiday, sometimes including 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 another 0.8 weeks from April 2009.

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