Lawyer concerned employees simply not aware of holiday rights


A recent TUC Report has revealed that millions of workers are not getting their legal holiday entitlement, with one in 12 UK workers missing out due to unrealistic workloads and because employers are unaware of current legislation.

Joy Drummond, an employment law specialist at national law firm Simpson Millar, said: “The findings of the report from TUC are, sadly, not surprising. The reality is that many employers are failing to keep up with the current law regarding holiday pay, which is further compounded by the fact that many workers are simply not aware of their rights.

The facts are however quite clear. All workers — including workers wrongly classified as self-employed are entitled to time off. 28 days paid leave for full time workers, to be exact.

When calculating holiday pay employers must include pay for voluntary overtime that is consistently worked.

Not only are they owed it, they no doubt also need it, and a well-rested worker is much more effective and productive in their role. No one should be put off taking leave for fear they will lose pay.

I would urge business owners and decision makers to ensure they are aware of their legal obligations or be prepared to face the consequences, and anyone who feels they are being treated unfairly to speak up!

As the TUC rightly says, HM Revenue and Customs should be given new powers to clamp down on employers who deny staff their statutory entitlement”.

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