TCM0126140 - Eligibility - remunerative work (general): Recognised, customer, or other, holidays (Info)

Recognised, customary, or other, holidays should be disregarded when considering the hours worked.

Recognised, customary, or other, holidays are days which employers and employees have agreed are non-working days. However, not every day that employers and employees agree are non-working days are days of recognised, customary, or other, holiday.

Example

Stephen Jones is a non-teaching assistant in a school where lessons take place Monday to Friday and Saturday morning. Stephen바카라 사이트™s contract of employment requires him to work Monday to Friday and on Saturday. In May, following discussions between the Headmaster, Governors and employees, it was decided with the agreement of all parties that from the start of the next academic year lessons would no longer take place on Saturday.

Stephen바카라 사이트™s contract of employment now requires him to work Monday to Friday. Although all parties agree that Saturday is a non-working day, it wasn바카라 사이트™t agreed that it was a holiday. It바카라 사이트™s therefore not a day of recognised, customary, or other, holiday.

A period can be recognised, customary, or other, holiday even when an employee

  • doesn바카라 사이트™t receive holiday pay

or

  • is free to seek work elsewhere during the holiday.

People who work in a particular place are covered by the holiday arrangements there. However, a day that바카라 사이트™s a holiday for most workers in a place isn바카라 사이트™t always a holiday for the customer. This can only be decided by examining all the evidence to check whether there is anything that makes the customer바카라 사이트™s holiday agreement different from that of their colleagues. This happens, most commonly, in educational establishments.

Any period for which a person receives holiday or wages in lieu of holiday pay is a period of recognised customary or other holiday, as is a period that the customer considers to be a holiday.

To decide whether a period is a recognised, customary or other holiday the customer should

  • check the terms of their contract of employment, which may set out the actual period and dates of the customer바카라 사이트™s holidays. Often, the contract will only state that the customer is entitled to a certain number of days바카라 사이트™ holiday pay
  • consider any employer바카라 사이트™s evidence, supplied by the customer about attribution of holiday entitlement to certain days. If it바카라 사이트™s attributable, these days are days of recognised, customary, or other, holidays

If the holiday pay or entitlement isn바카라 사이트™t linked to specific days then the customer should tell you that they

  • have arranged to take a holiday at a particular time

or

  • consider any particular period to be a holiday.

Such days (up to the maximum holiday entitlement in the customer바카라 사이트™s contract) should be treated as days of customary recognised holiday and disregarded.