Part I
APPLICATION
1. This Schedule applies to every worker (other than a home-worker) for whom statutory minimum remuneration has been fixed.
Part I
CUSTOMARY HOLIDAYS
2. An employer shall allow to every worker in his employment to whom this Schedule applies a holiday (hereinafter referred to as a "customary holiday") in each year on the days specified in the following sub-paragraph provided that the worker has worked for the employer throughout the last working day on which work was available to him immediately preceding the customary holiday.
(2) The said customary holidays are:—
(a) in England and Wales
(i)Christmas Day (or, if Christmas Day falls on a Sunday, such week day as may be appointed by national proclamation, or, if none is so appointed, the next following Tuesday), Boxing Day, Good Friday, Easter Monday, Whit Monday and August Bank Holiday; or
(ii)in the case of each of the said days, a day substituted by the employer therefor, being a day recognised by local custom as a day of holiday in substitution for the said day;
(b) in Scotland
(i)New Year's Day (or the following day if New Year's Day falls on a Sunday);
the local Spring holiday;
the local Autumn holiday:
Provided that, where in any establishment it is not the custom or practice to observe all or any of such days as holidays, another day or other days, not fewer in number, may, by agreement between the employer and the worker, be substituted therefor; and
(ii)three other days to be agreed between the employer and worker.
(3) Notwithstanding the preceding provisions of this paragraph, an employer may ( except where in the case of a woman or young person such a requirement would be unlawful) require a worker who is otherwise entitled to any customary holiday under the foregoing provisions of this Schedule to work thereon, and, in lieu of any such holiday on which he so works, the worker shall be entitled to be allowed a day's holiday (hereinafter referred to as a "holiday in lieu of a customary holiday") on a weekday within the period of four weeks next ensuing.
(4) A worker who is required to work on a customary holiday shall be paid:—
(a) for all time worked thereon at the minimum rate then appropriate to the worker for work on a customary holiday; and
(b) in respect of the holiday in lieu of the customary holiday, holiday remuneration in accordance with paragraph 6.
