5. Statutory Leave
5.1 The Temporary Worker is entitled to paid annual leave according to the statutory minimum as provided by the WTR from time to time. The current statutory entitlement to paid annual leave under the WTR is 5.6 weeks.
5.2 The Temporary Worker’s entitlement to payment for annual leave under clause 5.1 accrues in proportion to the amount of time worked by them on assignment during the pay period at the rate of 12.07%, paid weekly as accrued as shown on the Temporary Worker’s payslip for the relevant pay period.
5.3 Under the AWR, on completion of the qualifying period, the Temporary Worker may be entitled to paid and/or unpaid annual leave in addition to the Temporary Worker’s entitlement to paid annual leave under the WTR.
5.4 The Temporary Worker must take all annual leave during the leave year in which it accrues and, except as may be set out in the relevant Assignment Details Form or any variation to the relevant Assignment Details form, the Temporary Worker may not carry any annual leave forward to the next year. The Temporary Worker is responsible for ensuring that they request and take all annual leave within the leave year.
5.5 Where the Temporary Worker wishes to take leave during the course of the Assignment s/he should notify the Employment Business of the dates of his/her intended absence, giving notice of at least twice the length of the period of leave that s/he wishes to take.
5.6 In the course of any Assignment during the first leave year the Temporary Worker is entitled to request leave at the rate of twelfth of the Temporary Workers total holiday entitlement of each month of the leave year.
5.7 Except where this clause is amended by the Assignment Details Form, where a Bank Holiday or other public holiday falls during an Assignment and the Temporary Worker does not work on that day, the day shall count as part of the Temporary Worker’s paid annual leave entitlement.
5.8 Where this Contract is terminated by either party and a P45 is requested, if the Temporary Worker has not, for any reason, already received all accrued holiday pay to date for the leave year, any outstanding holiday accrued will be paid in the final pay period.
5.9 None of the provisions of this clause regarding the statutory entitlement to paid leave shall affect the Temporary Worker’s status as a self-employed worker.