New holiday entitlements from 1 April 2009

The Working Time (Amendment) Regulations 2007 increased workers’ holiday entitlement in England, Wales and Scotland, from 4 weeks to 4.8 weeks from 1 October 2007, and 5.6 weeks from 1 April 2009. All of these entitlements are inclusive of bank holidays. How workers accrue this extra leave depends on when their leave year starts.

For example a worker whose holiday entitlement runs from April to April is entitled to:

bullet point4.4 weeks in the leave year April 2007-March 2008 (ie (5/12 X 4 weeks) + (7/12 X 4.8 weeks));

bullet point4.8 weeks in the leave year April 2008-March 2009 (ie 12/12 X 4.8 weeks);

bullet point5.6 weeks in the leave year April 2009-March 2010  (ie 12/12 X 5.6 weeks) and onwards.

To calculate the entitlement for other leave years and working patterns go to www.businesslink.gov.uk/annualleave.

The leave entitlement is equivalent to the normal working week, so if you work 5 days a week the entitlement is 24 days from 1 October 2007 and 28 days from 1 April 2009, and this is pro-rata for part time workers (so someone working a 4-day week would be entitled to 19.2 days from 1 October 2007 and 22.4 days from 1 April 2009.

A worker whose contractual entitlement is already equal to or exceeds these new minima will not be affected, nor will workers who already receive paid time off for bank holidays in addition to their 4 weeks’ leave. Workers who work more than 5 days per week will be limited to a maximum of 28 days under the Regulations, although employers may offer more.