Working time review – no excuses now BIS
The promise to undertake a review of the UK’s Working Time Regulations has been posted on the BIS website since the start of the year, once the Business department finally recognized that after the Stringer and Pereda cases the UK regulations were doomed. Now the election is over we need to see some prompt action from BIS on this, I hope they don’t get derailed by Mr. Cable’s other priorities.
Since Stringer and Pereda we have already had two cases (Shah v First West Yorkshire Ltd and Rawlings v The Direct Garage Door Company) that had been stayed at Tribunal pending the ECJ ruling, where the judge has ruled that carry over of statutory holiday must be allowed, even though the ECJ made no comment on this.
So have you carried out an audit of your long term absentees to consider your cost exposure, and what does your company policy say about the carry over of holidays? In Rawlings the claim only went back two years but costs the employer £1500. Remember that it is likely employees can go back six years if they make a claim within three months of leaving if no holiday pay has been paid so the costs can soar.
Kate Upcraft
Payroll writer and lecturer
ISIS Support Services Ltd
