Luton Borough Council was prosecuted by the HSE late last year following an incident at a high school in which an assistant headteacher was attacked by a pupil and left with life-changing injuries.
A European Court of Justice (ECJ) case emphasises employers’ responsibility to encourage workers to take yearly statutory holiday entitlement.
As Christmas approaches, marking the end of the holiday year for many, a recent ECJ case has concluded that statutory holiday entitlement will not automatically be lost at the end of a holiday year unless the employer has "exercised all due diligence” in bringing outstanding holiday to the attention of its workers.
Under the Working Time Regulations 1998, employers can permit statutory holiday, not taken within the holiday year, to be carried over to the next holiday year. This case rather suggests that an employer will be unable to refuse permission in certain circumstances. Contractual holiday entitlement is, of course, subject to the contract.
The key for employers is – what does exercising “due diligence” mean in practice?
Employers who want to retain their right to insist that all statutory holiday entitlement be taken in the year it accrues need to ensure the following;
- All workers are aware of 1) the process for booking holidays – who they speak to, whether there is a notice requirement, if there is a limit to the number of days at any one time etc. 2) the risk of losing holiday if not taken.
- Workers are kept up to date on a regular basis as to their holiday allocation and the number of days remaining – this could be through email alerts, updates from line manager, company intranet etc.
- There is effective monitoring of holidays accrued and taken by all workers – preferably by a centralised HR department.
- Details of holiday requested and not granted are kept on record to ensure a consistency and fairness in decisions.
- Discussions are had with workers who regularly fail to use up their holiday allocation as to the reason – should there be operational changes? is it a communication issue? etc.
These processes are worth checking now so that the only horrible surprises post-Christmas are the credit card bills and not unexpected holiday rollovers!
For more information about statutory holiday, please contact Matt Wort.
This ebriefing looks at the proposal to set out 'public procurement principles' in the proposed procurement legislation.
Happy New Year - our first newsletter of 2021! Throughout this year we will continue to bring you news and developments relating to the charities sector.
Local authorities should be wary of reserving contracts for local suppliers, as recommended by Procurement Policy Note (PPN) 11/20. Other contracting authorities may want to maximise their use of this
Most housing practitioners have perhaps been waiting for this news since the latest lockdown was announced by the Prime Minister on 4 January 2021.
Climate change and biodiversity is an area where significantly faster changes are needed on a global and local basis.
Chris Lloyd Smith, Adrian Leonard and Lisa Whitehouse discuss the planning opportunities available to owners of businesses and how to prepare for unforeseen events.
In their 3rd podcast of the series, Chris Lloyd-Smith and Maria Ramon discuss a number of problems with and difficulties that can arise in mediation and the mechanisms they use to overcome them.
Our previous round-up began by sharing the news that two vaccines had shown very promising test results. Here we are, not even a month later, and the first vaccines have already been administered!
The Covid-19 crisis has demonstrated that there is great resilience and innovation in the housing sector across Greater Manchester, it has also brought shortfalls and other priorities sharply into foc
To receive invitations to our events, as well as information and articles on legal issues and sector developments that are of interest to you, please sign up to Newsroom.