Your HR questions answered

The minimum statutory holiday entitlement for a full time worker in the UK is 5.6 weeks paid holiday (which is 28 days for someone who works a 5-day week) .  This entitlement includes all public holidays but these do not automatically have to be given as holidays.  A part-time worker will receive a pro-rata holiday entitlement (including for bank holidays) so their actual holiday entitlement will depend on the number of hours / days they work – see below.

It is important to remember that full and part time workers will continue to accrue their appropriate holiday entitlement all the time they are in your employ.  This means that employees on maternity leave, sickness absence or unpaid leave accrue holidays while away from work.

If part-timers work the same number of days, but shorter hours, they will be entitled to 28 days (5.6 working weeks equivalent) holiday – they will just be shorter days.

If they work less days, you have to calculate a pro-rata entitlement, which can be a bit complicated ……

Firstly, divide the full allowance including bank holidays (e.g. 28 days) by the number of days worked for a full time worker (e.g. 5).  Then multiply this by the number of days worked by the part-timer (e.g. 3).  So, in this example: 28 ÷ 5 x 3 = 16.8 days.  Next, work out how many bank holidays fall on the employee’s working days in that holiday year and deduct these from the total to show the number of holidays left for the employee to take.

If the part-timer works an irregular number of hours, such as 4 hours on a Monday and Thursday and 8 hours on a Wednesday, it is best to work out the holiday entitlement in hours.

First, calculate the number of hours worked by a full timer – e.g. 37.5 hours x 52 weeks = 1950.  Work out the full time holiday allowance in hours – e.g. 28 days x 7.5 hours = 210.  Then work out the hours worked by the part-timer – in this example 16 hours x 52 weeks = 832.  Divide the part-timer’s hours by the full-timer’s hours which is 832 ÷ 1950 = 0.43.  Multiply that sum (0.43) by the full-time holiday allowance in hours, which in this case is 0.43 x 210 = 90.3 hours.  Finally, you will need to deduct the bank holidays that fall on working days.  Then have a well earned rest and a nice cuppa!

Irrespective of whether the worker is full time or part time there is no automatic right to time off on a public holiday.  The key thing is that each employee receives the minimum holiday entitlement overall.  The pro-rata entitlement for a part-time worker will include any allowance for bank holidays.

As long as you provide the statutory minimum holidays you may allow any number of holidays.

Songkick, Eventbrite, Hub Spot and Netflix are among some well known technology based businesses that allow almost unlimited holidays.  Virgin Management, the parent company of Virgin’s world wide operations has offered the top layer of management extended paid leave since 2014.  They believe it has created a happier and more empowered environment which is an incentive for some employees.

If this is something you would like to introduce into your business it would mean a contractual change.  This would require consultation with the employees concerned to get agreement.  This would also be the case if you wanted to revert to statutory levels at some point in the future

Employees do not have the right to take additional holidays as unpaid leave.  However, as an employer, you may grant unpaid leave at your discretion in response to requests from staff.  It is important to bear in mind the process and fairness by which you approve / refuse unpaid leave and remember that employees continue to accrue paid holiday entitlement while they are on unpaid leave.

The minimum statutory holiday entitlement for a full time worker in the UK is 5.6 weeks paid holiday (which is 28 days for someone who works a 5-day week) .  This entitlement includes all public holidays but these do not automatically have to be given as holidays.  A part-time worker will receive a pro-rata holiday entitlement (including for bank holidays) so their actual holiday entitlement will depend on the number of hours / days they work – see below.

It is important to remember that full and part time workers will continue to accrue their appropriate holiday entitlement all the time they are in your employ.  This means that employees on maternity leave, sickness absence or unpaid leave accrue holidays while away from work.

If part-timers work the same number of days, but shorter hours, they will be entitled to 28 days (5.6 working weeks equivalent) holiday – they will just be shorter days.

If they work less days, you have to calculate a pro-rata entitlement, which can be a bit complicated ……

Firstly, divide the full allowance including bank holidays (e.g. 28 days) by the number of days worked for a full time worker (e.g. 5).  Then multiply this by the number of days worked by the part-timer (e.g. 3).  So, in this example: 28 ÷ 5 x 3 = 16.8 days.  Next, work out how many bank holidays fall on the employee’s working days in that holiday year and deduct these from the total to show the number of holidays left for the employee to take.

If the part-timer works an irregular number of hours, such as 4 hours on a Monday and Thursday and 8 hours on a Wednesday, it is best to work out the holiday entitlement in hours.

First, calculate the number of hours worked by a full timer – e.g. 37.5 hours x 52 weeks = 1950.  Work out the full time holiday allowance in hours – e.g. 28 days x 7.5 hours = 210.  Then work out the hours worked by the part-timer – in this example 16 hours x 52 weeks = 832.  Divide the part-timer’s hours by the full-timer’s hours which is 832 ÷ 1950 = 0.43.  Multiply that sum (0.43) by the full-time holiday allowance in hours, which in this case is 0.43 x 210 = 90.3 hours.  Finally, you will need to deduct the bank holidays that fall on working days.  Then have a well earned rest and a nice cuppa!

Irrespective of whether the worker is full time or part time there is no automatic right to time off on a public holiday.  The key thing is that each employee receives the minimum holiday entitlement overall.  The pro-rata entitlement for a part-time worker will include any allowance for bank holidays.

As long as you provide the statutory minimum holidays you may allow any number of holidays.

Songkick, Eventbrite, Hub Spot and Netflix are among some well known technology based businesses that allow almost unlimited holidays.  Virgin Management, the parent company of Virgin’s world wide operations has offered the top layer of management extended paid leave since 2014.  They believe it has created a happier and more empowered environment which is an incentive for some employees.

If this is something you would like to introduce into your business it would mean a contractual change.  This would require consultation with the employees concerned to get agreement.  This would also be the case if you wanted to revert to statutory levels at some point in the future

Employees do not have the right to take additional holidays as unpaid leave.  However, as an employer, you may grant unpaid leave at your discretion in response to requests from staff.  It is important to bear in mind the process and fairness by which you approve / refuse unpaid leave and remember that employees continue to accrue paid holiday entitlement while they are on unpaid leave.

As an employer, you are required by law to give your employees a written statement of the main terms and conditions of employment. You may choose to go further by giving them a more detailed contract of employment. This can provide additional details of terms and conditions and provide greater protection for the employer.

You must give your employees a written statement of the main terms and conditions of employment on the day they start to work for you.   This applies even if they are on a temporary contract.  There is no benefit in delaying issuing the contract – in fact, the sooner you issue it, the sooner they are bound by the terms and conditions.

There is some essential information that you will need to include within the statement of main terms and conditions.

• The name of the employee and of the company employing them
• Their job title – full details of the job do not need to be included
• The date when the employment began and start date of continuous employment, if different
• The intended duration of the employment if it is not permanent
• The employers address and the place of work
• The rate of pay and the intervals at which it is to be paid
• The hours of work
• Holiday entitlement and pay
• Notice required by each party to end employment
• Details of any probationary period and any conditions relating to it
• Any training the employee must complete and whether or not the employer will pay for it
• Whether the employee will work abroad
• Reference to any relevant collective agreements.

You should also provide details of the following, although these may be provided separately:

• Sick leave and pay entitlements
• Any other paid leave
• Pensions and pension schemes
• Disciplinary and grievance procedures, including appeals procedure.

Many employers will refer to these in the contract of employment and include more details in an employee handbook.

A probationary period is sometimes agreed at the start of employment. It usually lasts between 1 and 6 months, depending on the complexity of the role. During this time, the employee’s performance and suitability for the role will be assessed. At the end of this period, employment is either confirmed or terminated.

It is beneficial to give the employee feedback during the probationary period to give them the best chance of succeeding in the role. It also means that there are no surprises at the end of the probationary period.

Different terms and conditions may apply during the probationary period, such as notice period and access to benefits.

A probationary period will typically last between one six months, although there are no set rules on the duration.

Casual workers may not be classed as employees if they are not obliged to work any fixed hours or to accept work if offered. However, if the period of work is longer and there is an obligation to accept work, they may be classed as an employee and be entitled to additional rights. It is a good idea to have contract in place to clarify the working relationship and, if genuinely casual, to make clear that each period of work is a separate employment.

No. Smokers are not entitled to any breaks in addition to the 20 (or 30) minute breaks set out above. However, an employer can choose to grant additional breaks, also as above.

Workers aged over 18 can work up to 48 hours per week under Working Time Regulations.  This is averaged over a 17 week peiod, so an occaissional period of longer hours won’t be of concern provided it is balanced out with shorter periods over that timeframe.  Workers can opt out of the 48 hour limit – see below.

Night workers may work no more than 8 hours per 24 hour period – averaged over an 17 week period.   In the case of night workers, the 17 week period can be extended to a longer period if agreed by both parties.  Workers cannot opt out of this restriction.

Workers aged under 18 are not allowed to work more than 8 hours a day and 40 hours a week.  Also, they aren’t allowed to opt out of the limits set by the Working Time Regulations.  in general, young workers are not allowed to work between 10pm and 6am – although there are exceptions for certain jobs.

Some employees want the freedom to work longer hours – to earn more overtime for example.  In the UK, workers over 18 can opt out of the 48 hour restriction.  To do this they must formally declare in writing that they wish to opt out.  This opt out agreement can subsequently be cancelled by the employee at any time by giving at least 7 days written notice, or the notice period that is set out in their opt out agreement which may be up to three months.

By law, employees over 18 working for more than six hours per day are entitles to one 20 minute rest break. Those under 18 are entitled to a 30 minute break if they work more than 4.5 hours. Sometimes, additional breaks may be agreed with the workforce, unions or in their contract of employment – in which case these will apply.

You must give your employees at least the statutory notice period which increases with length of service:

• Up to one month’s service – no notice required
• Between one month and 2 years’ service – 1 week
• Over 2 years’ service – 1 week per completed year of service to a maximum of 12 weeks

You can have a longer notice period which should be set out in the Contract of Employment.  This might be particularly relevant if a person has particular skills that may take some time to replace.

The law doesn’t set out the notice that an employee is required to give their employer, it just states that “reasonable notice” should be given.  This is usually taken to mean a week.

You can require a longer period of notice, in which case you should include this in the Contract of Employment.

If you want to have the option to pay employees for their notice period rather than have them work it, you should include a PILON (pay in lieu of notice) clause in the contract.

If you pay a departing employee in lieu of notice, their employment ends on the day they stop working for you, not at the end of the notice period.  So, for example, if an employee has a 4-week notice period and you decide to pay them in lieu of notice on the day they resign, the employment ends on that day and not in 4 weeks time.

If someone hands in their notice but you don’t want them to work their notice period, you may want to put them on Garden Leave.  This means they continue to be employed by you until the end of the notice period but are not required to work.

Garden Leave is most commonly used with senior employees or sales staff, where you do not want them in the workplace but you don’t want to release them from their contract to work for another employer or set up in business themselves.

If you want the option of putting an employee on Garden Leave, you should include a clause to that effect in your contract.

You can include post-termination restrictions or “restrictive covenants” in the contract of employment.  However, these are designed to protect legitimate business interests and should not go beyond what is reasonably necessary to protect those interests.  They are not allowed to prevent or restrict competition in general.  This means that such clauses need to be carefully drafted and are likely to restrict the ex employee only from contacting or soliciting business from customers that he has personally had contact with.  They also need to be appropriate to the level of the employee  – more senior employees are likely to have access to more business critical information, which would justify more onerous restrictions.

Restrictive covenants that are deemed to be too wide or inappropriate for the person’s role are likely to be unenforceable.