>Chris is a partner in the Employment Law Group of the Arthur Cox Belfast Office in Northern Ireland.
Chris has extensive experience dealing with both contentious and non-contentious employment law matters. Chris advises a range of employers on all aspects of employment law including executive appointments, severance, grievances, disciplinary issues and trade union matters. Chris has represented clients before the Industrial Tribunal, Fair Employment Tribunal and the Court of Appeal in Northern Ireland in employment litigation such as unfair dismissal, equality/discrimination and whistleblowing. Chris’ practice area includes advisory work and corporate transactions.
Under the Working Time Regulations (NI) 2016, an employer must keep records to show the working time limits are being complied with. This must be kept for each worker that the limits apply to. These limits include the maximum weekly working time (average of 48 hours every 7 days), the maximum working time for young workers, the maximum length of night work, and the maximum length of night work involving serious hazards, heavy physical or mental strain (8 hours in any 24hr period of performing night work.
There are no specific requirements to keep records of paid holiday leave. However, the employer is advised to do so in order to demonstrate compliance with the regulations. This record should include information such as; how much holiday pay has been acquired, how much is entitled to be carried over, how much holiday pay has been taken and any outstanding holiday pay.
Holiday entitlement is to be taken in the leave year it is due. However, the position in NI law was clarified in January in an amendment to the Working Time Regulations regarding when holiday can be carried forward. Workers are able to carry forward untaken holiday if (a) employers don’t recognise their right to paid annual leave, (b) give them a reasonable opportunity to take leave or encourage them to do so, or (c) warn them of the risks of losing their annual leave entitlement at the end of the holiday year. For employees that have been misclassified as self-employed independent contractors, their holiday entitlement cannot be carried forward past the end of the first full leave year in which the employer recognises their rights.
This clarification essentially ‘codifies’ an employee’s right to carry forward holiday entitlement in certain circumstances, which may lead to more claims by workers who have not been allowed to do so. It also serves as a reminder as to why employers should keep good records of their employees’ annual leave entitlements, in order to avoid any claims on this issue.
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