The Independent Schools Council is a politically independent, not-for-profit organisation representing 1,270 independent schools educating more than 500,000 children. It exists to promote choice, diversity and excellence in education, developing talent at all levels of ability and from all backgrounds.

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DTI Increasing the Holiday Entitlement: an Initial Consultation

12 September 2006

Response from the Independent Schools Council

Question 4
Flexibilities on holiday may help businesses and staff manage the additional holiday, although this would increase the complexity of the regulations and add to administrative burdens for business.

Should there be an option to carry over some or all of the additional 8 days' (1.6 weeks') holiday from one holiday year to the next?

Yes

Comments: This option should be made available, but it should only be an option, not an obligation for employers to offer it. In this, ISC agrees with the consultation document that for some organisations it would be an unnecessary extra administrative burden to be obliged to take on, particularly where holiday entitlements are already generous. Both employers and workers should be free to negotiate terms agreeable to both parties. As a minimum, from the employers' point of view, there would need to be limits on how much holiday could be accumulated, especially if it is envisaged that this holiday could be carried over for more than one year i.e. 16 days' holiday for two years.

Question 5
Flexibilities on holiday may help businesses and staff manage the additional holiday, although this would increase the complexity of the regulations and add to administrative burdens for business

Should there be an option to ‘buy out' some or all of the additional 8 days' (1.6 weeks') holiday, that is, give payment in lieu of taking leave?

Comments: ISC does not believe that there should be an option to ‘buy out' any of the additional 8 days' holiday. This would effectively create a statutory two-tier holiday system, where the least well off would be coerced into a more stressful work-life balance than those who were in a better negotiating position. Increasing the annual holiday entitlement is a step in the right direction for achieving equality of conditions for the lowest paid. Any move that would, in practice, chip away at this equality is not a desirable one.

Question 9
How should any particular carrying over (paragraph 24) or buying out of the additional holiday entitlement (paragraph 26) work in practice? For example, should it be subject to mutual agreement between employer and members of staff?

Comments: As was made clear in the response to question four, the decision as to whether the additional holiday entitlement should be carried over needs to be negotiated by mutual agreement between employers and workers. Holiday, whether ‘carried over', or taken in the same year, within limits, would still allow workers the time they need away from the work place.

However, the issue of ‘buying out' additional holiday entitlement should be distinguished from ‘carrying over' holiday (please note the response to question five) in this respect as the least well off workers could be to all intents and purposes obliged to work this entitlement.