The Working Time (Amendment) Regulations 2007
| Jurisdiction | UK Non-devolved |
| Citation | SI 2007/2079 |
| Year | 2007 |
2007 No. 2079
TERMS AND CONDITIONS OF EMPLOYMENT
The Working Time (Amendment) Regulations 2007
Made 19th July 2007
Coming into force 1st October 2007
The Secretary of State makes the following Regulations in exercise of the powers conferred by section 13 of the Work and Families Act 20061.
In accordance with section 13(7) of that Act, a draft of these Regulations has been laid before Parliament and approved by a resolution of each House of Parliament.
Citation, commencement and extent
1.—(1) These Regulations may be cited as the Working Time (Amendment) Regulations 2007.
(1) These Regulations shall come into force on 1st October 2007.
(2) These Regulations extend to Great Britain only.
Amendment to the Working Time Regulations 1998
2.—(1) The Working Time Regulations 19982shall be amended in accordance with paragraphs (2) to (11).
(2) After regulation 13 (entitlement to annual leave), insert—
“Entitlement to additional annual leave
13A.—(1) Subject to regulation 26A and paragraphs (3) and (5), a worker is entitled in each leave year to a period of additional leave determined in accordance with paragraph (2).
(2) The period of additional leave to which a worker is entitled under paragraph (1) is—
(a)
(a) in any leave year beginning on or after 1st October 2007 but before 1st April 2008, 0.8 weeks;
(b)
(b) in any leave year beginning before 1st October 2007, a proportion of 0.8 weeks equivalent to the proportion of the year beginning on 1st October 2007 which would have elapsed at the end of that leave year;
(c)
(c) in any leave year beginning on 1st April 2008, 0.8 weeks;
(d)
(d) in any leave year beginning after 1st April 2008 but before 1st April 2009, 0.8 weeks and a proportion of another 0.8 weeks equivalent to the proportion of the year beginning on 1st April 2009 which would have elapsed at the end of that leave year;
(e)
(e) in any leave year beginning on or after 1st April 2009, 1.6 weeks.
(3) The aggregate entitlement provided for in paragraph (2) and regulation 13(1) is subject to a maximum of 28 days.
(4) A worker’s leave year begins for the purposes of this regulation on the same date as the worker’s leave year begins for the purposes of regulation 13.
(5) Where the date on which a worker’s employment begins is later than the date on which his first leave year begins, the additional leave to which he is entitled in that leave year is a proportion of the period applicable under paragraph (2) equal to the proportion of that leave year remaining on the date on which his employment begins.
(6) Leave to which a worker is entitled under this regulation may be taken in instalments, but it may not be replaced by a payment in lieu except where—
(a)
(a) the worker’s employment is terminated; or
(b)
(b) the leave is an entitlement that arises under paragraph (2)(a), (b) or (c); or
(c)
(c) the leave is an entitlement to 0.8 weeks that arises under paragraph (2)(d) in respect of that part of the leave year which would have elapsed before 1st April 2009.
(7) A relevant agreement may provide for any leave to which a worker is entitled under this regulation to be carried forward into the leave year immediately following the leave year in respect of which it is due.
(8) This regulation does not apply to workers to whom the Agricultural Wages (Scotland) Act 19493applies (as that Act had effect on 1 July 1999).”
(3) After Regulation 26 insert—
“Entitlement to additional annual leave under a relevant agreement
26A.—(1) Regulation 13A does not apply in relation to a worker whose employer, as at 1st October 2007 and by virtue of a relevant agreement, provides each worker employed by...
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