Why do we get 5.6 weeks holiday?
This is the statutory minimum yearly holiday entitlement for all workers - but why?
Holiday entitlement is always a hot topic. I’ve been looking through my TikTok videos on this subject and it is clear they create the most interest by a mile. But have you ever wondered how we arrived at the figure of 5.6 weeks holiday leave per year?
It’s probably easier to break it down into days. 5.6 weeks for a full time worker is 28 days. We have both the European Union and our own government to thank for providing us with statutory holiday entitlement which, on the face of it appears generous.
European law has dictated that member states provide a minimum of 20 days paid annual leave per year. This is all thanks to the Working Time Directive going way back to 1993. European Directives could not simply become law, they had to be transposed into domestic legislation, hence we have the Working Time Regulations 1998. These Regulations set out our rights to take annual leave, time off, maximum working hours etc.
When drafting Regulations legislators can’t water down what the European Directive provides, but they are free to enhance it. So, this is where the government stepped in and decided to include our eight public holidays on top of the 20 days within the Regulations1. That’s very kind of them.
We are not the only country that did this. Many other member states added their public holidays to the minimum 20 days too.
So how do we fare in comparison?
Italy has 11 public holidays (31 in total), Belgium 10 (30 in total) and France has 25 days per year plus their 11 public holidays. Top of the charts in the EU is Malta. They have 24 days holiday in addition to their 14 public holidays - 38 days in total. That’s 7.6 weeks!
Many countries increase holiday entitlement for long service or reaching a certain age. In Libya holiday entitlement is 30 days, but if you reach 25 years service or the age of 50 then it increases to 45 days.
Top of the charts outside the EU is Kuwait (as far as I can find). They have a basic annual leave entitlement of 30 days plus and additional 13 days of public holidays. However, after 2 years’ service they qualify for an additional 21 days paid leave for performing Haj rituals. So, in theory they could qualify for a whopping 64 days annual leave - that’s 12.8 weeks.
At the other end of the scale are the poor folk of San Marino with just 10 days. If you think that is harsh spare a though for our neighbours across the pond. In the US they receive the grand total of ZERO days statutory holiday entitlement.
In effect our holiday can be split into two distinct periods. 20 days attributable to European law and the 8 days attributable to domestic legislation (the public holidays). So what’s the big deal in that you might say?
The difference is important because not too long ago there was significant debate about whether regular overtime, commission and bonus should be included in holiday pay calculations. Following a Supreme Court ruling it was held they were, but only in so far as the 20 days (European) holiday were concerned. It did not cover the additional domestic 8 days. However, many employers include the additional earnings in all holiday pay calculations; the full 28 days, probably because calculating two different rates of holiday pay is too cumbersome.
But it can be important in another aspect too. Many employees brought claims for unlawful deduction from wages because they were paid below their rightful hourly rate for holiday pay. Claims must be made within three months of the last deduction or series or deductions. Anything over that and the claimant is out of time and can’t pursue the matter.
So, if an employee has taken holidays and there has not been a break of over three months between each period of annual leave he/she can include them n the calculation. If, there is a longer break between periods of holiday the count back is broken and only holiday from that point can be taken into consideration.
One way for an employer to increase period beyond three months is to confirm that the leave an employee took, when undertaking the calculation, is all, or part of, the 8 days not falling within the European ruling, thereby breaking the chain of a series of deductions.
Not many employers know that!
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