Holiday pay: get it right!

'Incorrect' - Business Link and Directgov websites

The ISM has written to Lord Young, the Minister for Employment Relations, and John Taylor, Chief Executive of ACAS, urging them to remove misleading advice currently appearing on government websites and in an ACAS leaflet.

All workers are entitled to 5.6 weeks of paid holiday per year. However, advice on the government's Business Link and Directgov websites, and in an ACAS leaflet on holiday pay, suggests that any worker who works less than 46.4 weeks per year must have their entitlement to holiday pay reduced accordingly. This approach seriously disadvantages instrumental teachers and other staff working in schools, many of whom work less than a standard 46.4 week year.

Clear support

The ISM was so concerned about the impact that this advice was having on its members that it sought a legal opinion from leading employment lawyer, Nigel Giffin QC. His opinion, which the ISM has today made publicly available, is clear. Mr Giffin states:

'...not only do I think the approach apparently advocated by the Government and ACAS is incorrect, at the moment I am respectfully unable even to see what sensible argument could be advanced in support of it.'

Mr Giffin also suggests that, if the government and ACAS refuse to withdraw the offending advice, the ISM would be entitled to bring judicial review proceedings to compel them to do so.

David Abrahams, the ISM's Head of Legal Services & Advocacy, said:

'I am delighted that Nigel Giffin QC has given such clear support to the ISM's position. We have always believed that any attempt to reduce the holiday pay entitlement of those working in schools was erroneous and unlawful. It has no support either in case law or in the relevant UK and European legislation.

'It is a very serious matter for the government and ACAS to be giving incorrect advice on this point and risks drawing employers and workers into unnecessary disputes in the employment tribunal.

'We hope that the government and ACAS will now act on the very clear opinion that Mr Giffin has provided, withdraw the current advice, and replace it with guidance that accurately reflects the law.'

ENDS [4_10]

Note to editors

The Incorporated Society of Musicians (ISM) is the UK's professional body for musicians. We promote the art of music and the interests of professional musicians through campaigns, support and practical advice. We are a wholly independent non profit making organisation founded in 1882. Without political interference or financial imperatives we express robust and authoritative views which champion both music and professional musicians. Our members come from all branches of the profession - performers, composers, teachers, music therapists, academics and advisers. We also have other levels of membership for students and those just starting out in the profession as well as for bodies such as schools, conservatoires and orchestras and those who simply want to support our work as advocates of music.

Contact

Callum Thomson, Head of Marketing & Media, T: 020 7629 4413 E: .(JavaScript must be enabled to view this email address)

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