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Amendment to the Working Time Regulations - Pay and Carryover of holidays
The Working Time (Amendment) Regulations (Northern Ireland) 2023 came into force on 1st January 2024 and set out the legal obligations on carry over of holiday and what constitutes pay for the purposes of calculating holiday pay.
Holidays and final pay
Employers must pay their employees for statutory holidays (contractual holidays may differ) that have been built up but not taken at the time they leave their employment.
Public holidays and bank holidays
Employees are not automatically entitled to paid time off for bank and public holidays.
Landmark Holiday Pay case concluded by UK Supreme Court
The long awaited decision from the Supreme Court in the case of Chief Constable of Police Service of Northern Ireland v Agnew and others [UKSC33] was passed down on the 04/10/2023.
In essence the case was about how to properly calculate holiday pay and how far back claims can go where the amount was miscalculated.
Annual holidays
Most workers - whether part-time or full-time - are legally entitled to 5.6 weeks' paid annual leave. Employers can set the times of the year that leave needs to be taken and workers must give the employer notice when they want to take leave.