Common use of Statutory Paid Annual Leave Clause in Contracts

Statutory Paid Annual Leave. 9.1. Subject to any increased entitlement pursuant to the AWR, the Agency Worker is entitled to paid annual leave for time worked during an Assignment according to the statutory minimum as amended from time to time. 9.2. Subject to any increased entitlement pursuant to the AWR, the current statutory entitlement to paid annual leave is 5.6 weeks or, where relevant, as per the appropriate statutory minimum which applies to the role that the Agency Worker is undertaking. 9.3. In the event that the Agency Worker is entitled to an increase in paid and/or unpaid annual leave, by virtue of having completed the Qualifying Period any such increase in entitlement will be notified to the Agency Worker in the Assignment Schedule. 9.4. Where the Agency Worker is a ‘part-year worker’ and/or an ‘irregular hours worker’ as those terms are defined in the Employment Rights (Amendment, Revocation and Transitional Provision) Regulations 2023, the Agency Worker’s entitlement to paid annual leave and pay for that leave will be calculated and paid in accordance with the relevant provisions of the Employment Rights (Amendment, Revocation and Transitional Provision) Regulations 2023 which are either: 9.4.1. A minimum of 12.07% of hours worked, paid when holiday is taken (the accrual method), or 9.4.2. An additional payment of a minimum of 12.07% of remuneration for work done, calculated and paid at the same time as the payment made pursuant to clause 8.1 above (rolled-up holiday pay). The relevant method will be stated on the Assignment Schedule for each Assignment. 9.5. Agency Workers who are ‘part-year workers’ and/or ‘irregular hours workers’ paid in accordance with the accrual method are entitled to take only the leave that they have accrued at any point in time. 9.6. The Leave Year is the period of 12 calendar months during which the Agency Worker accrues and may take paid annual leave commencing on 1st October and runs until the anniversary of that date 9.7. Unless clause 9.4 applies and/or unless otherwise stated in the relevant Assignment Schedule, paid annual leave entitlement accrues as follows: where the Agency Worker has normal working hours, in proportion to the number of normal working hours the Agency Worker works on assignments during the leave year as specified in the relevant Assignment Schedule; where the Agency Worker has no normal working hours, on all hours worked; and in either case, as may otherwise be required by legislation. 9.8. Save where clause 9.4 applies and/or unless otherwise stated in the relevant Assignment Schedule, in the course of any Assignment during the first Leave Year, the Agency Worker is entitled to request leave at the rate of one-twelfth of the Agency Worker’s total holiday entitlement in each month of the Leave Year. 9.9. Unless otherwise stated in the relevant Assignment Schedule, where an Agency Worker wishes to take paid leave during the course of an Assignment they should notify the Company of the dates of their intended absence giving notice of at least twice the length of the period of leave that they wish to take. Where the Agency Worker has given notice of a request to take paid annual leave in accordance with this clause, the Company may give counter-notice to the Agency Worker to postpone or reduce the amount of leave that the Agency Worker wishes to take. In such circumstances, the Company will inform the Agency Worker in writing giving at least the same length of notice as the period of leave that it wishes to postpone or reduce it by. 9.10. The Company may require the Agency Worker to take paid annual leave at specific times or notify the Agency Worker of periods when paid annual leave cannot be taken. 9.11. Unless otherwise stated in the relevant Assignment Schedule, where a Bank or Public Holiday falls during an Assignment and the Agency Worker does not work on that day, then, subject to the worker having accrued entitlement to payment for leave, the Agency Worker may upon giving notice be paid for that day as part of his/her annual leave entitlement. 9.12. Payment for annual leave is calculated in accordance with statutory requirements by reference to the Agency Worker 's average remuneration for all hours worked on which holiday has been accrued in the preceding 52 weeks worked on assignment(s), except where 9.4.2 applies.. 9.13. Unless clause 9.4 applies then subject to any increased entitlement pursuant to the AWR or as otherwise stated in the relevant Assignment Schedule, all entitlement to leave must be taken during the course of the Leave Year in which it accrues for WTD leave. The Agency Worker is responsible for ensuring that all paid annual leave is requested and taken within this period. 9.14. Where this contract is terminated by either party, the Agency Worker shall be entitled to a payment in lieu of any untaken leave where the amount of leave taken is less than the amount accrued at the date of termination.

Appears in 2 contracts

Samples: Contract for Services for the Engagement of an Agency Worker, Contract for Services for the Engagement of an Agency Worker

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Statutory Paid Annual Leave. 9.1. Subject to any increased entitlement pursuant to the AWR, the Agency Worker is entitled to paid annual leave for time worked during an Assignment according to the statutory minimum as amended from time to time. 9.2. Subject to any increased entitlement pursuant to the AWR, the current statutory entitlement to paid annual leave is 5.6 weeks or, where relevant, as per the appropriate statutory minimum which applies to the role that the Agency Worker is undertaking. 9.3. In the event that the Agency Worker is entitled to an increase in paid and/or unpaid annual leave, by virtue of having completed the Qualifying Period any such increase in entitlement will be notified to the Agency Worker in the Assignment Schedule. 9.4. Where the Agency Worker Workers is a ‘part-year worker’ and/or an ‘irregular hours worker’ as those terms are defined in the Employment Rights (Amendment, Revocation and Transitional Provision) Regulations 2023, the Agency Worker’s entitlement to paid annual leave and pay for that leave will be calculated and paid in accordance with the relevant provisions provision of the Employment Rights (Amendment, Revocation and Transitional Provision) Regulations 2023 which are either: 9.4.1. 9.4.1 A minimum of 12.07% of hours worked, paid when holiday is taken (the accrual method), or 9.4.2. 9.4.2 An additional payment of a minimum of 12.07% of remuneration renumeration for work done, calculated and paid at the same time as the payment made pursuant to clause 8.1 above Payment (see Section 8) (rolled-up holiday pay). The relevant method will be stated on the Assignment Schedule for each Assignment. 9.5. Agency Workers who are ‘part-year workers’ and/or ‘irregular hours workers’ paid in accordance with the accrual method are entitled to take only the leave that they have accrued at any point in time. 9.6. The Leave Year is the period of 12 calendar months during which the Agency Worker accrues and may take paid annual leave commencing on 1st October and runs 6th April of the current year until the anniversary of that date5th April, following year. 9.7. Unless clause 9.4 applies and/or unless otherwise stated in the relevant Assignment Schedule, paid annual leave entitlement accrues as follows: where the Agency Worker has normal working hours, in proportion to the number of normal working hours the Agency Worker works on assignments during the leave year as specified in the relevant Assignment Schedule; where the Agency Worker has no normal working hours, on all hours worked; and in either case, as may otherwise be required by legislation. 9.8. Save where clause 9.4 applies and/or unless otherwise stated in the relevant Assignment Schedule, in the course of any Assignment during the first Leave Year, the Agency Worker is entitled to request leave at the rate of one-twelfth of the Agency Worker’s total holiday entitlement in each month of the Leave Year. 9.9. Unless otherwise stated in the relevant Assignment Schedule, where an Agency Worker wishes to take paid leave during the course of an Assignment Assignment, they should notify the Company of the dates of their intended absence giving notice of at least twice the length of the period of leave that they wish to take. Where the Agency Worker has given notice of a request to take paid annual leave in accordance with this clause, the Company may give counter-notice to the Agency Worker to postpone or reduce the amount of leave that the Agency Worker wishes to take. In such circumstances, the Company will inform the Agency Worker in writing giving at least the same length of notice as the period of leave that it wishes to postpone or reduce it by. 9.10. The Company may require the Agency Worker to take paid annual leave at specific times or notify the Agency Worker of periods when paid annual leave cannot be taken. 9.11. Unless otherwise stated in the relevant Assignment Schedule, where a Bank or Public Holiday falls during an Assignment and the Agency Worker does not work on that day, then, subject to the worker having accrued entitlement to payment for leave, the Agency Worker may upon giving notice be paid for that day as part of his/her annual leave entitlement. 9.12. Payment for annual leave is calculated in accordance with statutory requirements by reference to the Agency Worker 's Worker’s average remuneration renumeration for all hours worked on which holiday has been accrued in the preceding 52 weeks worked on assignment(s), except where 9.4.2 applies... 9.13. Unless clause 9.4 applies then subject to any increased entitlement pursuant to the AWR or as otherwise stated in the relevant Assignment Schedule, all entitlement to leave must be taken during the course of the Leave Year in which it accrues for WTD leave and within two weeks into the start of the next Leave Year for any additional contractual or AWR leave. The Agency Worker is responsible for ensuring that all paid annual leave is requested and taken within this period. 9.14. Where this contract is terminated by either party, the Agency Worker shall be entitled to a payment in lieu of any untaken leave where the amount of leave taken is less than the amount accrued at the date of termination.

Appears in 2 contracts

Samples: Contract for Services, Contract for Services for the Engagement of an Agency Worker

Statutory Paid Annual Leave. 9.1. 9.1 Subject to any increased entitlement pursuant to the AWR, the Agency Worker is entitled to paid annual leave for time worked during an Assignment according to the statutory minimum as amended from time to time. 9.2. Subject to any increased entitlement pursuant to the AWR, the 9.2 The current statutory entitlement to paid annual leave is 5.6 weeks or, where relevant, as per the appropriate statutory minimum which applies to the role that the Agency Worker is undertaking. 9.3. 9.3 In the event that the Agency Worker is entitled to an increase in paid and/or unpaid annual leave, by virtue of having completed the Qualifying Period any such increase in entitlement will be notified to the Agency Worker in the Assignment Schedule. 9.4. Where the Agency Worker is a ‘part-year worker’ and/or an ‘irregular hours worker’ as those terms are defined in the Employment Rights (Amendment, Revocation and Transitional Provision) Regulations 2023, the Agency Worker’s entitlement to paid annual leave and pay for that leave will be calculated and paid in accordance with the relevant provisions of the Employment Rights (Amendment, Revocation and Transitional Provision) Regulations 2023 which are either: 9.4.1. A minimum of 12.07% of hours worked, paid when holiday is taken (the accrual method), or 9.4.2. An additional payment of a minimum of 12.07% of remuneration for work done, calculated and paid at the same time as the payment made pursuant to clause 8.1 above (rolled-up holiday pay). The relevant method will be stated on the Assignment Schedule for each Assignment. 9.5. Agency Workers who are ‘part-year workers’ and/or ‘irregular hours workers’ paid in accordance with the accrual method are entitled to take only the leave that they have accrued at any point in time. 9.6. 9.4 The Leave Year is the annual period of 12 calendar months during which the Agency Worker accrues and may take paid annual statutory leave commencing and commences on 1st October January and runs until the anniversary of that date; 9.7. 9.5 Unless clause 9.4 applies and/or unless otherwise stated in the relevant Assignment Schedule, paid annual leave entitlement accrues as follows: where the Agency Worker has normal working hours, in proportion to the number annual leave entitlement for the amount of normal working hours time worked by the Agency Worker works on assignments Assignment during the Leave Year. Annual leave year as specified in does not accrue for any time when the relevant Assignment Schedule; where the Agency Worker has no normal temporary worker is not working hours, on all hours worked; and in either case, as may otherwise be required by legislationAssignment. 9.8. 9.6 Save where this clause 9.4 applies and/or unless otherwise stated in is amended by the relevant Assignment Schedule, in the course of any Assignment during the first Leave Year, the Agency Worker is entitled to request leave at the rate of one-twelfth of the Agency Worker’s total holiday entitlement in each month of the Leave Yearleave year. 9.9. 9.7 Unless otherwise stated in the relevant Assignment Schedule, where an a Agency Worker wishes to take paid leave during the course of an Assignment they should notify the Company of the dates of their intended absence giving notice of at least twice the length of the period of leave that they wish to take. Where the Agency Worker has given notice of a request to take paid annual leave in accordance with this clause, the Company may give counter-notice to the Agency Worker to postpone or reduce the amount of leave that the Agency Worker wishes to take. In such circumstances, circumstances the Company will inform the Agency Worker in writing giving at least the same length of notice as the period of leave that it wishes to postpone or reduce it by. 9.10. 9.8 The Company may require the Agency Worker to take paid annual leave at specific times or notify the Agency Worker of periods when paid annual leave cannot be taken. 9.11. 9.9 Unless otherwise stated in the relevant Assignment Schedule, where a Bank or Public Holiday falls during an Assignment and the Agency Worker does not work on that day, then, subject to the worker having accrued entitlement to payment for leave, the Agency Worker may upon giving notice be paid for that day as part of his/her their annual leave entitlement. 9.12. 9.10 Payment for annual leave is calculated in accordance with statutory requirements and by reference to the Agency Worker worker's average remuneration for all hours worked on which holiday has been accrued in at basic rate over the preceding 52 weeks previous 12 worked on assignment(s), except where 9.4.2 applies..weeks. 9.13. 9.11 Unless clause 9.4 applies then subject to any increased entitlement pursuant to the AWR or as otherwise stated in the relevant Assignment Schedule, all entitlement to leave must be taken during the course of the Leave Year in which it accrues for WTD leaveand none may be carried forward to the next year. The Agency Worker is responsible for ensuring that all paid annual leave is requested and taken within this periodthe Leave Year. 9.14. 9.12 Where this contract is terminated by either party, the Agency Worker shall be entitled to a payment in lieu of any untaken leave where the amount of leave taken is less than the amount accrued at the date of termination.

Appears in 1 contract

Samples: Agency Worker Agreement

Statutory Paid Annual Leave. 9.1. Subject to any increased entitlement pursuant to the AWR, the Agency Worker is entitled to paid annual leave for time worked during an Assignment according to the statutory minimum as amended from time to time. 9.2. Subject to any increased entitlement pursuant to the AWR, the current statutory entitlement to paid annual leave is 5.6 weeks or, where relevant, as per the appropriate statutory minimum which applies to the role that the Agency Worker is undertaking. 9.3. In the event that the Agency Worker is entitled to an increase in paid and/or unpaid annual leave, by virtue of having completed the Qualifying Period any such increase in entitlement will be notified to the Agency Worker in the Assignment Schedule. 9.4. Where the Agency Worker is a ‘part-year worker’ and/or an ‘irregular hours worker’ as those terms are defined in the Employment Rights (Amendment, Revocation and Transitional Provision) Regulations 2023, the Agency Worker’s entitlement to paid annual leave and pay for that leave will be calculated and paid in accordance with the relevant provisions of the Employment Rights (Amendment, Revocation and Transitional Provision) Regulations 2023 which are either: 9.4.1. A minimum of 12.07% of hours worked, paid when holiday is taken (the accrual method), or 9.4.2. An additional payment of a minimum of 12.07% of remuneration for work done, calculated and paid at the same time as the payment made pursuant to clause 8.1 above (rolled-up holiday pay). The relevant method will be stated on the Assignment Schedule for each Assignment. 9.5. Agency Workers who are ‘part-year workers’ and/or ‘irregular hours workers’ paid in accordance with the accrual method are entitled to take only the leave that they have accrued at any point in time. 9.6. The Leave Year is the annual period of 12 calendar months during which the Agency Worker accrues and may take paid annual statutory leave commencing and commences on 1st October and runs until the anniversary of that date; 9.79.5. Unless clause 9.4 applies and/or unless otherwise stated in the relevant Assignment Schedule, paid annual leave entitlement accrues as follows: where the Agency Worker has normal working hours, in proportion to the number of normal working hours the Agency Worker works on assignments during the leave year as specified in the relevant Assignment Schedule; where the Agency Worker has no normal working hours, on all hours worked; and in either case, as may otherwise be required by legislation. 9.89.6. Save where this clause 9.4 applies and/or unless otherwise stated in is amended by the relevant Assignment Schedule, in the course of any Assignment during the first Leave Year, the Agency Worker is entitled to request leave at the rate of one-twelfth of the Agency Worker’s total holiday entitlement in each month of the Leave Year. 9.99.7. Unless otherwise stated in the relevant Assignment Schedule, where an Agency Worker wishes to take paid leave during the course of an Assignment they he/she should notify the Company of the dates of their his/her intended absence giving notice of at least twice the length of the period of leave that they wish he/she wishes to take. Where the Agency Worker has given notice of a request to take paid annual leave in accordance with this clause, the Company may give counter-notice to the Agency Worker to postpone or reduce the amount of leave that the Agency Worker wishes to take. In such circumstances, the Company will inform the Agency Worker in writing giving at least the same length of notice as the period of leave that it wishes to postpone or reduce it by. 9.109.8. The Company may require the Agency Worker to take paid annual leave at specific times or notify the Agency Worker of periods when paid annual leave cannot be taken. 9.119.9. Unless otherwise stated in the relevant Assignment Schedule, where a Bank or Public Holiday falls during an Assignment and the Agency Worker does not work on that day, then, subject to the worker having accrued entitlement to payment for leave, the Agency Worker may upon giving notice be paid for that day as part of his/her annual leave entitlement. 9.129.10. Payment for annual leave is calculated in accordance with statutory requirements by reference to the Agency Worker 's average remuneration for all hours worked on which holiday has been accrued in the preceding 52 weeks worked on assignment(s), except where 9.4.2 applies... 9.139.11. Unless clause 9.4 applies then subject Subject to any increased entitlement pursuant to the AWR or as otherwise stated in the relevant Assignment Schedule, all entitlement to leave must be taken during the course of the Leave Year in which it accrues for WTD leave. The Agency Worker is responsible for ensuring that all paid annual leave is requested and taken within this period. 9.149.12. Where this contract is terminated by either party, the Agency Worker shall be entitled to a payment in lieu of any untaken leave where the amount of leave taken is less than the amount accrued at the date of termination.

Appears in 1 contract

Samples: Contract for Services for the Engagement of an Agency Worker

Statutory Paid Annual Leave. 9.1. Subject to any increased entitlement pursuant to the AWR, the Agency Worker is entitled to paid annual leave for time worked during an Assignment according to the statutory minimum as amended from time to time. 9.2. Subject to any increased entitlement pursuant to the AWR, the current statutory entitlement to paid annual leave is 5.6 weeks or, where relevant, as per the appropriate statutory minimum which applies to the role that the Agency Worker is undertaking. 9.3. In the event that the Agency Worker is entitled to an increase in paid and/or unpaid annual leave, by virtue of having completed the Qualifying Period any such increase in entitlement will be notified to the Agency Worker in the Assignment Schedule. 9.4. Where the Agency Worker is a ‘part-year worker’ and/or an ‘irregular hours worker’ as those terms are defined in the Employment Rights (Amendment, Revocation and Transitional Provision) Regulations 2023, the Agency Worker’s entitlement to paid annual leave and pay for that leave will be calculated and paid in accordance with the relevant provisions of the Employment Rights (Amendment, Revocation and Transitional Provision) Regulations 2023 which are either: 9.4.1. A minimum of 12.07% of hours worked, paid when holiday is taken (the accrual method), or 9.4.2. An additional payment of a minimum of 12.07% of remuneration for work done, calculated and paid at the same time as the payment made pursuant to clause 8.1 above (rolled-up holiday pay). The relevant method will be stated on the Assignment Schedule for each Assignment. 9.5. Agency Workers who are ‘part-year workers’ and/or ‘irregular hours workers’ paid in accordance with the accrual method are entitled to take only the leave that they have accrued at any point in time. 9.6. The Leave Year is the annual period of 12 calendar months during which the Agency Worker accrues and may take paid annual statutory leave commencing and commences on 1st October 1 January and runs until the anniversary of that date; 9.79.5. Unless clause 9.4 applies and/or unless otherwise stated in the relevant Assignment Schedule, paid annual leave entitlement accrues as follows: where the Agency Worker has normal working hours, in proportion to the number of normal working hours the Agency Worker works on assignments during the leave year as specified in the relevant Assignment Schedule; where the Agency Worker has no normal working hours, on all hours worked; and in either case, as may otherwise be required by legislation. 9.89.6. Save where this clause 9.4 applies and/or unless otherwise stated in is amended by the relevant Assignment Schedule, in the course of any Assignment during the first Leave Year, the Agency Worker is entitled to request leave at the rate of one-twelfth of the Agency Worker’s total holiday entitlement in each month of the Leave Year. 9.99.7. Unless otherwise stated in the relevant Assignment Schedule, where an Agency Worker wishes to take paid leave during the course of an Assignment they he/she should notify the Company of the dates of their his/her intended absence giving notice of at least twice the length of the period of leave that they wish he/she wishes to take. Where the Agency Worker has given notice of a request to take paid annual leave in accordance with this clause, the Company may give counter-notice to the Agency Worker to postpone or reduce the amount of leave that the Agency Worker wishes to take. In such circumstances, the Company will inform the Agency Worker in writing giving at least the same length of notice as the period of leave that it wishes to postpone or reduce it by. 9.109.8. The Company may require the Agency Worker to take paid annual leave at specific times or notify the Agency Worker of periods when paid annual leave cannot be taken. 9.119.9. Unless otherwise stated in the relevant Assignment Schedule, where a Bank or Public Holiday falls during an Assignment and the Agency Worker does not work on that day, then, subject to the worker having accrued entitlement to payment for leave, the Agency Worker may upon giving notice be paid for that day as part of his/her annual leave entitlement. 9.129.10. Payment for annual leave is calculated in accordance with statutory requirements by reference to the Agency Worker Worker's average remuneration for all hours worked on which holiday has been accrued in the preceding 52 12 weeks worked on assignment(s), except where 9.4.2 applies... 9.139.11. Unless clause 9.4 applies then subject Subject to any increased entitlement pursuant to the AWR or as otherwise stated in the relevant Assignment Schedule, all entitlement to leave must be taken during the course of the Leave Year in which it accrues for WTD leaveaccrues. The Agency Worker is responsible for ensuring that all paid annual leave is requested and taken within this period. 9.149.12. Where this contract is terminated by either party, the Agency Worker shall be entitled to a payment in lieu of any untaken leave where the amount of leave taken is less than the amount accrued at the date of termination.

Appears in 1 contract

Samples: Contract for Services for the Engagement of an Agency Worker

Statutory Paid Annual Leave. 9.1. 9.1 Subject to any increased entitlement pursuant to the AWR, the Agency Worker is entitled to paid annual leave for time worked during an Assignment according to the statutory minimum as amended from time to time. 9.2. Subject to any increased entitlement pursuant to the AWR, the 9.2 The current statutory entitlement to paid annual leave is 5.6 weeks or, where relevant, as per the appropriate statutory minimum which applies to the role that the Agency Worker is undertaking. 9.3. 9.3 In the event that the Agency Worker is entitled to an increase in paid and/or unpaid annual leave, by virtue of having completed the Qualifying Period any such increase in entitlement will be notified to the Agency Worker in the Assignment Schedule. 9.4. Where the Agency Worker is a ‘part-year worker’ and/or an ‘irregular hours worker’ as those terms are defined in the Employment Rights (Amendment, Revocation and Transitional Provision) Regulations 2023, the Agency Worker’s entitlement to paid annual leave and pay for that leave will be calculated and paid in accordance with the relevant provisions of the Employment Rights (Amendment, Revocation and Transitional Provision) Regulations 2023 which are either: 9.4.1. A minimum of 12.07% of hours worked, paid when holiday is taken (the accrual method), or 9.4.2. An additional payment of a minimum of 12.07% of remuneration for work done, calculated and paid at the same time as the payment made pursuant to clause 8.1 above (rolled-up holiday pay). The relevant method will be stated on the Assignment Schedule for each Assignment. 9.5. Agency Workers who are ‘part-year workers’ and/or ‘irregular hours workers’ paid in accordance with the accrual method are entitled to take only the leave that they have accrued at any point in time. 9.6. 9.4 The Leave Year is the annual period of 12 calendar months during which the Agency Worker accrues and may take paid annual statutory leave commencing and commences on 1st October March and runs until the anniversary of that date; 9.7. 9.5 Unless clause 9.4 applies and/or unless otherwise stated in the relevant Assignment Schedule, paid annual leave entitlement accrues as follows: where the Agency Worker has normal working hours, in proportion to the number annual leave entitlement for the amount of normal working hours time worked by the Agency Worker works on assignments Assignment during the Leave Year. Annual leave year as specified in does not accrue for any time when the relevant Assignment Schedule; where the Agency Worker has no normal temporary worker is not working hours, on all hours worked; and in either case, as may otherwise be required by legislationAssignment. 9.8. 9.6 Save where this clause 9.4 applies and/or unless otherwise stated in is amended by the relevant Assignment Schedule, in the course of any Assignment during the first Leave Year, the Agency Worker is entitled to request leave at the rate of one-twelfth of the Agency Worker’s total holiday entitlement in each month of the Leave Yearleave year. 9.9. 9.7 Unless otherwise stated in the relevant Assignment Schedule, where an a Agency Worker wishes to take paid leave during the course of an Assignment they should notify the Company of the dates of their intended absence giving notice of at least twice the length of the period of leave that they wish to take. Where the Agency Worker has given notice of a request to take paid annual leave in accordance with this clause, the Company may give counter-notice to the Agency Worker to postpone or reduce the amount of leave that the Agency Worker wishes to take. In such circumstances, circumstances the Company will inform the Agency Worker in writing giving at least the same length of notice as the period of leave that it wishes to postpone or reduce it by. 9.10. 9.8 The Company may require the Agency Worker to take paid annual leave at specific times or notify the Agency Worker of periods when paid annual leave cannot be taken. 9.11. 9.9 Unless otherwise stated in the relevant Assignment Schedule, where a Bank or Public Holiday falls during an Assignment and the Agency Worker does not work on that day, then, subject to the worker having accrued entitlement to payment for leave, the Agency Worker may upon giving notice be paid for that day as part of his/her their annual leave entitlement. 9.12. 9.10 Payment for annual leave is calculated in accordance with statutory requirements and by reference to the Agency Worker worker's average remuneration for all hours worked on which holiday has been accrued in at basic rate over the preceding previous 52 weeks worked on assignment(s), except where 9.4.2 applies..weeks. 9.13. 9.11 Unless clause 9.4 applies then subject to any increased entitlement pursuant to the AWR or as otherwise stated in the relevant Assignment Schedule, all entitlement to leave must be taken during the course of the Leave Year in which it accrues for WTD leaveand none may be carried forward to the next year. The Agency Worker is responsible for ensuring that all paid annual leave is requested and taken within this periodthe Leave Year. 9.14. 9.12 Where this contract is terminated by either party, the Agency Worker shall be entitled to a payment in lieu of any untaken leave where the amount of leave taken is less than the amount accrued at the date of termination.

Appears in 1 contract

Samples: Contract for Services

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Statutory Paid Annual Leave. 9.1. Subject to any increased entitlement pursuant to the AWR, the Agency Worker is entitled to paid annual leave for time worked during an Assignment according to the statutory minimum as amended from time to time. 9.2. Subject to any increased entitlement pursuant to the AWR, the current statutory entitlement to paid annual leave is 5.6 weeks or, where relevant, as per the appropriate statutory minimum which applies to the role that the Agency Worker is undertaking. 9.3. In the event that the Agency Worker is entitled to an increase in paid and/or unpaid annual leave, by virtue of having completed the Qualifying Period any such increase in entitlement will be notified to the Agency Worker in the Assignment Schedule. 9.4. Where the Agency Worker is a ‘part-year worker’ and/or an ‘irregular hours worker’ as those terms are defined in the Employment Rights (Amendment, Revocation and Transitional Provision) Regulations 2023, the Agency Worker’s entitlement to paid annual leave and pay for that leave will be calculated and paid in accordance with the relevant provisions of the Employment Rights (Amendment, Revocation and Transitional Provision) Regulations 2023 which are either: 9.4.1. A minimum of 12.07% of hours worked, paid when holiday is taken (the accrual method), or 9.4.2. An additional payment of a minimum of 12.07% of remuneration for work done, calculated and paid at the same time as the payment made pursuant to clause 8.1 above (rolled-up holiday pay). The relevant method will be stated on the Assignment Schedule for each Assignment. 9.5. Agency Workers who are ‘part-year workers’ and/or ‘irregular hours workers’ paid in accordance with the accrual method are entitled to take only the leave that they have accrued at any point in time. 9.6. The Leave Year is the annual period of 12 calendar months during which the Agency Worker accrues and may take paid annual statutory leave commencing and commences on 1st October the date that the Agency Worker starts an Assignment and runs until the anniversary of that date; 9.79.5. Unless clause 9.4 applies and/or unless otherwise stated in the relevant Assignment Schedule, paid annual leave entitlement accrues as follows: where the Agency Worker Employee has normal working hours, in proportion to the number of normal working hours the Agency Worker Employee works on assignments during the leave year as specified in the relevant Assignment Schedule; where the Agency Worker Employee has no normal working hours, on all hours worked; and in either case, as may otherwise be required by legislation. 9.89.6. Save where this clause 9.4 applies and/or unless otherwise stated in is amended by the relevant Assignment Schedule, in the course of any Assignment during the first Leave Year, the Agency Worker is entitled to request leave at the rate of one-twelfth of the Agency Worker’s total holiday entitlement in each month of the Leave Year. 9.99.7. Unless otherwise stated in the relevant Assignment Schedule, where an Agency Worker wishes to take paid leave during the course of an Assignment they he/she should notify the Company of the dates of their his/her intended absence giving notice of at least twice the length of the period of leave that they wish he/she wishes to take. Where the Agency Worker has given notice of a request to take paid annual leave in accordance with this clause, the Company may give counter-notice to the Agency Worker to postpone or reduce the amount of leave that the Agency Worker wishes to take. In such circumstances, the Company will inform the Agency Worker in writing giving at least the same length of notice as the period of leave that it wishes to postpone or reduce it by. 9.109.8. The Company may require the Agency Worker to take paid annual leave at specific times or notify the Agency Worker of periods when paid annual leave cannot be taken. 9.119.9. Unless otherwise stated in the relevant Assignment Schedule, where a Bank or Public Holiday falls during an Assignment and the Agency Worker does not work on that day, then, subject to the worker having accrued entitlement to payment for leave, the Agency Worker may upon giving notice be paid for that day as part of his/her annual leave entitlement. 9.129.10. Payment for annual leave is calculated in accordance with statutory requirements by reference to the Agency Worker 's average remuneration for all hours worked on which holiday has been accrued in the preceding 52 12 weeks worked on assignment(s), except where 9.4.2 applies... 9.139.11. Unless clause 9.4 applies then subject Subject to any increased entitlement pursuant to the AWR or as otherwise stated in the relevant Assignment Schedule, all entitlement to leave must be taken during the course of the Leave Year in which it accrues for WTD leaveaccrues. The Agency Worker is responsible for ensuring that all paid annual leave is requested and taken within this period. 9.149.12. Where this contract is terminated by either party, the Agency Worker shall be entitled to a payment in lieu of any untaken leave where the amount of leave taken is less than the amount accrued at the date of termination.

Appears in 1 contract

Samples: Contract for Services for the Engagement of an Agency Worker

Statutory Paid Annual Leave. 9.1. Subject to any increased entitlement pursuant to the AWR, the Agency Worker is entitled to paid annual leave for time worked during an Assignment according to the statutory minimum as amended from time to time. 9.2. Subject to any increased entitlement pursuant to the AWR, the current statutory entitlement to paid annual leave is 5.6 weeks or, where relevant, as per the appropriate statutory minimum which applies to the role that the Agency Worker is undertaking. 9.3. In the event that the Agency Worker is entitled to an increase in paid and/or unpaid annual leave, by virtue of having completed the Qualifying Period any such increase in entitlement will be notified to the Agency Worker in the Assignment Schedule. 9.4. Where the Agency Worker is a ‘part-year worker’ and/or an ‘irregular hours worker’ as those terms are defined in the Employment Rights (Amendment, Revocation and Transitional Provision) Regulations 2023, the Agency Worker’s entitlement to paid annual leave and pay for that leave will be calculated and paid in accordance with the relevant provisions of the Employment Rights (Amendment, Revocation and Transitional Provision) Regulations 2023 which are either: 9.4.1. A minimum of 12.07% of hours worked, paid when holiday is taken (the accrual method), or 9.4.2. An additional payment of a minimum of 12.07% of remuneration for work done, calculated and paid at the same time as the payment made pursuant to clause 8.1 above (rolled-up holiday pay). The relevant method will be stated on the Assignment Schedule for each Assignment. 9.5. Agency Workers who are ‘part-year workers’ and/or ‘irregular hours workers’ paid in accordance with the accrual method are entitled to take only the leave that they have accrued at any point in time. 9.6. The Leave Year is the annual period of 12 calendar months during which the Agency Worker accrues and may take paid annual statutory leave commencing and commences on 1st 1 October and runs until the anniversary of that date; 9.79.5. Unless clause 9.4 applies and/or unless otherwise stated in the relevant Assignment Schedule, paid annual leave entitlement accrues as follows: where the Agency Worker has normal working hours, in proportion to the number of normal working hours the Agency Worker works on assignments during the leave year as specified in the relevant Assignment Schedule; where the Agency Worker has no normal working hours, on all hours worked; and in either case, as may otherwise be required by legislation. 9.89.6. Save where this clause 9.4 applies and/or unless otherwise stated in is amended by the relevant Assignment Schedule, in the course of any Assignment during the first Leave Year, the Agency Worker is entitled to request leave at the rate of one-twelfth of the Agency Worker’s total holiday entitlement in each month of the Leave Year. 9.99.7. Unless otherwise stated in the relevant Assignment Schedule, where an Agency Worker wishes to take paid leave during the course of an Assignment they he/she should notify the Company of the dates of their his/her intended absence giving notice of at least twice the length of the period of leave that they wish he/she wishes to take. Where the Agency Worker has given notice of a request to take paid annual leave in accordance with this clause, the Company may give counter-notice to the Agency Worker to postpone or reduce the amount of leave that the Agency Worker wishes to take. In such circumstances, the Company will inform the Agency Worker in writing giving at least the same length of notice as the period of leave that it wishes to postpone or reduce it by. 9.109.8. The Company may require the Agency Worker to take paid annual leave at specific times or notify the Agency Worker of periods when paid annual leave cannot be taken. 9.119.9. Unless otherwise stated in the relevant Assignment Schedule, where a Bank or Public Holiday falls during an Assignment and the Agency Worker does not work on that day, then, subject to the worker having accrued entitlement to payment for leave, the Agency Worker may upon giving notice be paid for that day as part of his/her annual leave entitlement. 9.129.10. Payment for annual leave is calculated in accordance with statutory requirements by reference to the Agency Worker 's average remuneration for all hours worked on which holiday has been accrued in the preceding 52 weeks worked on assignment(s), except where 9.4.2 applies... 9.139.11. Unless clause 9.4 applies then subject Subject to any increased entitlement pursuant to the AWR or as otherwise stated in the relevant Assignment Schedule, all entitlement to leave must be taken during the course of the Leave Year in which it accrues for WTD leave and within two weeks into the start of the next Leave Year for any additional contractual or AWR leave. The Agency Worker is responsible for ensuring that all paid annual leave is requested and taken within this period. 9.149.12. Where this contract is terminated by either party, the Agency Worker shall be entitled to a payment in lieu of any untaken leave where the amount of leave taken is less than the amount accrued at the date of termination.

Appears in 1 contract

Samples: Contract for Services

Statutory Paid Annual Leave. 9.1. Subject to any increased entitlement pursuant to the AWR, the Agency Worker is entitled to paid annual leave for time worked during an Assignment according to the statutory minimum as amended from time to time. 9.2. Subject to any increased entitlement pursuant to the AWR, the current statutory entitlement to paid annual leave is 5.6 weeks or, where relevant, as per the appropriate statutory minimum which applies to the role that the Agency Worker is undertaking. 9.3. In the event that the Agency Worker is entitled to an increase in paid and/or unpaid annual leave, by virtue of having completed the Qualifying Period any such increase in entitlement will be notified to the Agency Worker in the Assignment Schedule. 9.4. Where the Agency Worker is a ‘part-year worker’ and/or an ‘irregular hours worker’ as those terms are defined in the Employment Rights (Amendment, Revocation and Transitional Provision) Regulations 2023, the Agency Worker’s entitlement to paid annual leave and pay for that leave will be calculated and paid in accordance with the relevant provisions of the Employment Rights (Amendment, Revocation and Transitional Provision) Regulations 2023 which are either: 9.4.1. A minimum of 12.07% of hours worked, paid when holiday is taken (the accrual method), or 9.4.2. An additional payment of a minimum of 12.07% of remuneration for work done, calculated and paid at the same time as the payment made pursuant to clause 8.1 above (rolled-up holiday pay). The relevant method will be stated on the Assignment Schedule for each Assignment. 9.5. Agency Workers who are ‘part-year workers’ and/or ‘irregular hours workers’ paid in accordance with the accrual method are entitled to take only the leave that they have accrued at any point in time. 9.6. The Leave Year is the annual period of 12 calendar months during which the Agency Worker accrues and may take paid annual statutory leave commencing and commences on 1st October the date that the Agency Worker starts an Assignment or a series of Assignments and runs until the anniversary of that date; 9.79.5. Unless clause 9.4 applies and/or unless otherwise stated in the relevant Assignment Schedule, paid annual leave entitlement accrues as follows: where the Agency Worker has normal working hours, in proportion to the number of normal working hours the Agency Worker works on assignments during the leave year as specified in the relevant Assignment Schedule; where the Agency Worker has no normal working hours, on all hours worked; and in either case, as may otherwise be required by legislation. 9.89.6. Save where this clause 9.4 applies and/or unless otherwise stated in is amended by the relevant Assignment Schedule, in the course of any Assignment during the first Leave Year, the Agency Worker is entitled to request leave at the rate of one-twelfth of the Agency Worker’s total holiday entitlement in each month of the Leave Year. 9.99.7. Unless otherwise stated in the relevant Assignment Schedule, where an Agency Worker wishes to take paid leave during the course of an Assignment they he/she should notify the Company of the dates of their his/her intended absence giving notice of at least twice the length of the period of leave that they wish he/she wishes to take. Where the Agency Worker has given notice of a request to take paid annual leave in accordance with this clause, the Company may give counter-notice to the Agency Worker to postpone or reduce the amount of leave that the Agency Worker wishes to take. In such circumstances, the Company will inform the Agency Worker in writing giving at least the same length of notice as the period of leave that it wishes to postpone or reduce it by. 9.109.8. The Company may require the Agency Worker to take paid annual leave at specific times or notify the Agency Worker of periods when paid annual leave cannot be taken. 9.119.9. Unless otherwise stated in the relevant Assignment Schedule, where a Bank or Public Holiday falls during an Assignment and the Agency Worker does not work on that day, then, subject to the worker having accrued entitlement to payment for leave, the Agency Worker may upon giving notice be paid for that day as part of his/her annual leave entitlement. 9.129.10. Payment for annual leave is calculated in accordance with statutory requirements by reference to the Agency Worker 's average remuneration for all hours worked on which holiday has been accrued in the preceding 52 12 weeks worked on assignment(s), except where 9.4.2 applies... 9.139.11. Unless clause 9.4 applies then subject Subject to any increased entitlement pursuant to the AWR or as otherwise stated in the relevant Assignment Schedule, all entitlement to leave must be taken during the course of the Leave Year in which it accrues for WTD leaveand within two weeks into the start of the next Leave Year. The Agency Worker is responsible for ensuring that all paid annual leave is requested and taken within this period. 9.149.12. Where this contract is terminated by either party, the Agency Worker shall be entitled to a payment in lieu of any untaken leave where the amount of leave taken is less than the amount accrued at the date of termination.

Appears in 1 contract

Samples: Contract for Services for the Engagement of an Agency Worker

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