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Five weeks holiday clarification welcomed

Thursday, November 30, 2006

Five weeks holiday clarification welcomed

The Employment Court ruling in the Tramways Union and National Distribution Unions case gives some welcome clarity to employers over whether employees already receiving four weeks holiday can demand five weeks holiday from April 1st next year.

David Lowe, Employment Services Manager for the Employers & Manufacturers Association (Northern) says a lot of negotiations have fudged over the issue while waiting for guidance from the Court.

"The Court's decision in the Tramways case clearly indicates employees wanting five weeks annual leave will have to talk to their employer and reach agreement on it, but they cannot expect five weeks holiday as of right," Mr Lowe said.

"However, provisions in some employment agreement clauses were written many years ago, or may not be very precise; in light of the Tramway's decision we expect any cases in doubt to be few and far between.

"An EMA survey earlier this year showed about 14 per cent of employers will agree to provide five weeks holiday for those currently on four weeks when the minimum holiday entitlement increases in April next year to four weeks."


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