According to a report published by the Trades Union Congress (TUC) on 23 August 2002, at least 1.25 million UK workers are being denied their full statutory and bank holiday entitlement by their employers. Using data from the Labour Force Survey, the TUC calculates that:
In August 2002, the Trades Union Congress published a report which argues that 1.25 million UK workers are 'losing out' on their statutory and bank holiday entitlement and urges the government to improve UK holiday provision.
According to a report published by the Trades Union Congress (TUC) on 23 August 2002, at least 1.25 million UK workers are being denied their full statutory and bank holiday entitlement by their employers. Using data from the Labour Force Survey, the TUC calculates that:
more than 400,000 workers are being 'cheated' out of their entitlement to four weeks’ paid annual leave by employers who are ignoring the requirements of the Working Time Regulations 1998 (UK9810154F); and
a further 850,000 are 'losing out' because of a 'loophole' in the Regulations which in some circumstances enables employers to count bank holidays as part of the four weeks’ statutory leave.
In the UK, bank holidays are days on which by law or by custom banks are closed and are widely observed as public holidays. Although employees’ terms and conditions of employment commonly include entitlement to a holiday on these days, this is not a statutory requirement. Any right to time off or extra pay on bank holidays depends on the terms of an employee’s contract of employment. Though the Working Time Regulations make no provision concerning bank or public holidays, and where these are taken by employees they count towards the statutory minimum holiday requirement. The TUC argues that the EU working time Directive (93/104/EC), which the UK Regulations are intended to implement, envisaged that the entitlement to four weeks’ paid annual leave would be in addition to, not inclusive of, public holidays.
The TUC wants the government to 'launch a vigorous campaign to catch employers who flout the law on holidays', close the 'bank holidays loophole' in the Working Time Regulations and 'set a timetable' for introducing three new bank holidays to increase the number of UK public holidays from eight to 11 to bring the UK broadly in line with the EU average. According to the TUC, 'the average trade union member already gets 37 days per year of annual leave and bank holidays. Our concern is more for those vulnerable workers who do not enjoy the protection of a trade union.'
Responding to the TUC report, Digby Jones, director-general of the Confederation of British Industry, denied that employees were being cheated out of their leave entitlement. He said: 'Bank holidays may not be a legal right but the overwhelming majority of UK employers give them in addition to annual leave.' He added: 'We all like the idea of more time off, but most people understand that can’t come without cost ... With the recovery struggling to take hold and manufacturing likely to stay in recession for a sixth quarter in a row, it’s surely not the right time to be calling for extra holidays.'
The Times reported that the Department of Trade and Industry 'rejected' the TUC’s call for a ban on companies including bank holidays in workers’ annual leave and for three extra bank holidays a year, on the grounds that this would increase employers’ costs.
The TUC report is the latest of a number of recent calls for improved public holiday provision in the UK. In April 2001, a paper making the case for more public holidays published by the Fabian Society, an influential Labour Party-affiliated think-tank, received widespread media coverage (UK0105129N), but speculation that the Labour government would commit itself to introducing at least one extra public holiday during its second term of office proved to be unfounded.
Eurofound recommends citing this publication in the following way.
Eurofound (2002), TUC calls for improved holiday rights, article.
