If an employee is under both a full-time contract and a second, casual contract with the same employer, are they entitled to holidays under both contracts?
Posted in : First Tuesday Q&A NI on 6 July 2021
Chris Fullerton
Arthur Cox NI
As these are two separate contracts, the employee will be entitled to whatever statutory (or contractual) holidays apply under each contract. Therefore, the employee is entitled to receive their pro-rated holiday entitlement under the part-time contract in addition to the full-time entitlement under the full-time contract.
Although Working Time Regulations state that statutory holiday entitlement is subject to a maximum of 28 days, this refers to each employment. This means that employees that have two contracts with the same employer could end up with more than 28 days paid holidays in a year.
Already a subscriber?
Click here to login and access the full article.
Log in now to read the full articleDon't miss out, register today!
Are you fully aware of the benefits of Legal-Island's Employment Law Update Service? We help hundreds of people like you understand how the latest changes in employment law impact on your business.
Help understand the ramifications of each important case from NI, GB and Europe
24/7 access to all the content in the Legal Island Vault for research case law and HR issues
Ensure your organisation’s policies and procedures are fully compliant with NI law
Receive free preliminary advice on workplace issues from the employment team at Worthingtons Solicitors
More on Contracts of Employment
- What is the legal position when a contract of employment states the incorrect salary?
- If an employee issues a verbal resignation, but their contract requires a written resignation, will their resignation still be effective in law?
- Professional Game Match Officials Ltd v Revenue and Customs Commissioners [2024]
- Tesco Stores Ltd v Union of Shop, Distributive and Allied Workers (USDAW) [2024]
- What is the law in relation to the recruitment of individuals with a criminal record?
Disclaimer:
The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.
Chris Fullerton
Arthur Cox NI
The main content of this article was provided by Chris Fullerton. Contact telephone number is 028 9023 0007 or email Chris.Fullerton@arthurcox.com
View all articles by Chris Fullerton