AC 2.2

Does everyone working in the UK tourism industry get holiday entitlement?
Every employee, by law, has holiday entitlement. The amount of holiday you get is normally set out in your contract of employment. The statutory minimum is 5.6 weeks, which can include bank and public holidays.
It would be worth you understanding the basic holiday rights of different types of employees.
There is a minimum right to paid holiday, but the employer may offer more than this. The main things you should know about holiday rights are:

• you are entitled to a minimum of 5.6 weeks paid annual leave (28 days for someone working five days a week)
• those working part-time are entitled to the same level of holiday pro rata, currently this is 5.6 times the usual working week, for example 22.4 days for someone working four days a week
• you start building up holiday time as soon as you start work
• your employer can control when you take your holiday
• you get paid your normal pay for your holiday
• when you finish a job, you get paid for any holiday you’ve not taken
• bank and public holidays can be included in your minimum entitlement
• you continue to be entitled to your holiday leave throughout your ordinary and additional maternity leave and paternity and adoption leave

Self-employed people are not entitled to holiday pay, they can take as much time off their jobs as they want but they will not get a penny for any days missed. So, whilst they are not getting deductions for holiday pay out of their wages, unless they make their own contributions to a savings scheme they will not get any money for holiday time taken. Obviously, this has its advantages and disadvantages.

Activity 1

Some employees, such as Uber Taxi drivers, are classed as self-employed, this means they do not have any holiday entitlement. They have tried to change this for a variety of reasons.
In groups of three or four think about and discuss the advantages and disadvantages of being self-employed in relation to holiday entitlement.

Activity 2

Read the following report on two Uber Taxi drivers

Uber loses appeal against employment rights for workers

By Kat Hall 10 Nov 2017 

Taxi firm Uber has today lost its appeal against a ruling that its drivers should be classed as workers rather than self-employed.

In October 2016, the Central London Employment Tribunal ruled that two Uber drivers, James Farrar and Yaseen Aslam, were Uber staff and entitled to holiday pay, paid rest breaks and the minimum wage. Uber fought the ruling, but today, the employment appeal tribunal upheld the original decision. The firm has said it will appeal the latest ruling again.

A spokesperson for the taxi drivers said, "This landmark decision makes our campaign to ensure drivers are given the rights they are entitled to – and that the public, drivers and passengers are kept safe."  She added: “Uber must now face up to its responsibilities and give its workers the rights to which they are entitled”.

However, the Association of Independent Professionals and the Self-employed (IPSE) expressed surprise at the ruling.

Chris Bryce, IPSE chief exec, said: "It is astonishing that the employment tribunal granted the two drivers worker status. A key element of being a worker is having to turn up for work even if you don’t want to.

"This is clearly not the case with people who drive through Uber – they choose when and how long they work for by logging on or off the app."

He added: "People driving through the Uber app really value the flexibility they have. IPSE is concerned that ruling drivers as workers would hit the flexibility they seek out."

There are different points of view stated in the report above.

In groups of three or four discuss your findings. Do you still think the same as you did in Activity 2 about being self-employed for Uber? Should the law be changed?

Debate your argument in groups and then write up your argument, either being for or against.