DTI Increasing the Holiday Entitlement: a Further Consultation

23 April 2007

Response from the Independent Schools Council

The Independent Schools Council (ISC) represents the seven leading independent schools associations in the United Kingdom, collectively educating more than 500,000 children in 1,278 schools.   ISC exists to promote choice, diversity and excellence in education; the development of talent at all levels of ability; and the widening of opportunity for children from all backgrounds to achieve their potential.

Question 1: Draft regulations

Do you have any comments on the detailed drafting of the proposed changes to the law?

At present, ISC does not feel that the potential disadvantages of allowing employees to carry forward this extended part of their statutory entitlement have been adequately considered. It is likely that employees will be pressurised by their employers into agreeing to carry forward this extension of this statutory entitlement every year, without ever actually taking the entitlement and in effect be obliged to give it up entirely. As the proposals stand, 8 days constitutes some 28.5% of the overall entitlement; an entitlement designed to allow employees adequate ‘annual' time off work to promote their health and well-being.  This is an extremely high percentage of the time off deemed necessary to jeopardise.

If additional flexibility is desired, it might be better to reduce the amount employees can carry forward to one week - 5 days.

Question 5: Guidance requirements

Are there any particular issues you would find it helpful to see covered in the guidance accompanying these regulations?

It would be helpful for guidance to be provided on phasing arrangements and for standard template letters to be included. Equally, guidance needs to establish that there is no automatic right for either employers or employees to require that this extended statutory leave be carried forward. This is important as it will manage expectations and enable the increased administrative burden of carrying forward holiday to be avoided where it is felt appropriate. The fact that a minimum of four weeks' holiday still needs to be taken in every year should be reinforced.

The interaction between the extended statutory entitlement and other leave (maternity/sick leave) should also be set out.

Question 6: Feedback on guidance

We want to ensure that the guidance is clear and accessible, and we are seeking a small number of volunteers to test it for clarity and ease of use. Would you be willing to be approached in late spring to help with this?

YES

Question 7: Other comments

ISC is pleased that there will be no facility for payment in lieu of taking holiday. These regulations are aimed at enabling those who currently receive the bare statutory minimum to receive more holiday. It is therefore inappropriate to put this at risk, by sanctioning the coercion of those least well-off into a more stressful work-life balance.