This question has been answered by an Employment Court decision in late November involving bus drivers. Since 1990, bus drivers have received an extra week of annual leave “in recognition of the nature of their work”. They applied for a declaration that they should receive five weeks next year being the statutory minimum of four plus the extra week. The Employment Court denied the bus drivers for the following reasons.
Firstly, the most recent collective employment agreement had referred to the Holidays Act 2003. This showed that the parties had recognised the rights and obligations for holidays when creating the agreement.
Secondly, the statutory reason for holidays is to provide the opportunity for rest and recreation. This was similar to the reasoning for the four weeks of holidays for the bus drivers.
Thirdly, the collective employment agreement did not breach the Holidays Act as it met the statutory minimum of four weeks. Employers are under an obligation to give at least four weeks annual leave, and no more.
Fourthly, if it were the intention of the parties that there would be five weeks leave from April 2007, this would have been written in the employment agreement.
When deciding this case the Court was careful to assert that this should not affect all future cases. As each case should “require an analysis of the exact terms of the employment agreement in light of the scheme and true meaning of the Holidays Act.”
If you are currently entitled to more than the minimum of three weeks annual leave, you should contact your employer and discuss whether you will be entitled to more than four weeks annual leave next year.
