Holiday Pay

Holiday Pay

Holiday calculation when part timers change hours

The European Court has ruled on the sticky question of what holiday someone is entitled to, when they accrue the holiday on part time hours, and then take the holiday when they have increased their hours?

The answer is that there must be a clear line drawn between what has accrued on part time hours, which can be taken at the same entitlement, and what has accrued on full time hours. The employee is not entitled to accrue a week’s holiday working 3 days a week for example, and then go up to five days a week and take that holiday (accrued as 3 days) as a full week off on 5 days.

The question only arises because the regulations talk about entitlement to “weeks” holiday rather than hours or days.

The case, if you really want to read it, can be seen at the following link:

http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:62014CN0219

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