27th May 2006, 10:58 AM
Here is some additional info, again from the FSB:
'A week's leave should allow employees to be away from work for a week. It should be the same amount as the working week. For example, if an employee works a 5 day week, the minimum entitlement is 20 days; if he does a 3 day week, the minimum entitlement is 12 days' leave. Where an employee works variable hours, an average is taken over the previous 12 weeks worked.'
My mathematical abilities are somewhat limited but I interpret this as saying there is a statutory entitlement which can be calculated on a pro-rata basis. Presumably companies can effectiviely cap the amount of leave they give by discriminating between core hours and overtime. Or maybe a day counts as a day regardless of how many hours you work? Either way an employee starts to acrue leave entitlement from the day they start and:
'If an employee's employment ends, he has the right to be paid for the annual leave due but not taken.'
It may be that there are variations in the requirements when dealing with very short contracts, I just don't know. However:
'the requirement to be issued with a written statement of terms and conditions of employment applies equally to temporary and fixed-term contract employees as it does to permanent, provided always that the temporary or fixed-term contract of employment is to last more than one month.'
The latter should at least ensure that most people know what they are signing up to.
'A week's leave should allow employees to be away from work for a week. It should be the same amount as the working week. For example, if an employee works a 5 day week, the minimum entitlement is 20 days; if he does a 3 day week, the minimum entitlement is 12 days' leave. Where an employee works variable hours, an average is taken over the previous 12 weeks worked.'
My mathematical abilities are somewhat limited but I interpret this as saying there is a statutory entitlement which can be calculated on a pro-rata basis. Presumably companies can effectiviely cap the amount of leave they give by discriminating between core hours and overtime. Or maybe a day counts as a day regardless of how many hours you work? Either way an employee starts to acrue leave entitlement from the day they start and:
'If an employee's employment ends, he has the right to be paid for the annual leave due but not taken.'
It may be that there are variations in the requirements when dealing with very short contracts, I just don't know. However:
'the requirement to be issued with a written statement of terms and conditions of employment applies equally to temporary and fixed-term contract employees as it does to permanent, provided always that the temporary or fixed-term contract of employment is to last more than one month.'
The latter should at least ensure that most people know what they are signing up to.