Page:UKSI1964 (Part 3- Section 1).pdf/38

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S.I. 1964/1384
3179

(2) Notwithstanding the provisions of the last foregoing sub-paragraph—

(a) the number of days of annual holiday to which a worker is entitled in any holiday season shall not exceed in the aggregate twice the period constituting the worker's normal working week;

(b) where in any year a worker does not wish to take his annual holiday or part thereof during the current holiday season and, before the expiration of such holiday season, enters into an agreement in writing with his employer that the annual holiday or part thereof shall be allowed after the expiration of the current holiday season but before the commencement of the next following holiday season, then any day or days of annual holiday so allowed shall be treated as having been allowed during the current holiday season;

(c) the duration of a worker's annual holiday during the holiday season ending on 30th September 1964, shall be reduced by any days of annual holiday duly allowed to him by the employer under the provisions of Order H.M. (40) or of Order H.M.S. (35) between 1st May 1964, and the date on which this Schedule becomes effective.

(3) In this Schedule the expression "holiday season" means in relation to an annual holiday during the year 1964, the period commencing on 1st May 1964, and ending on 30th September 1964, and in relation to each subsequent year, the period commencing on 1st May and ending on 30th September in that year.

4. An annual holiday under this Schedule shall be allowed on consecutive working days and days of holiday shall be treated as consecutive notwithstanding that a Sunday or a customary holiday or a holiday in lieu of a customary holiday intervenes:—

Provided that,

(1)where the duration of an annual holiday to which a worker is entitled exceeds the period constituting the worker's normal working week, the said holiday may be allowed in two separate periods of such consecutive working days one of which shall be not less than the period of his normal working week;

(2)one day of the annual holiday may be allowed on a non-consecutive working day (other than the worker's weekly short day) falling within the holiday season (or after the holiday season in the circumstances specified in sub-paragraph (2)( b) of paragraph 3) where the said annual holiday or, as the case may be , such separate period, is allowed immediately after a customary holiday or so that such a holiday intervenes.

5. An employer shall give to a worker reasonable notice of the commencing date or dates and of the duration of his annual holiday. Such notice may be given individually to the worker or by the posting of a notice in the place where the worker is employed.

Part IV

HOLIDAY REMUNERATION

CUSTOMARY HOLIDAYS

6.(1) For each day of holiday (including a holiday falling on a Saturday) to which a worker is entitled under Part II of this Schedule he shall be paid by the employer holiday remuneration equal to the appropriate stattory minimum remuneration to which he would have been entitled as a time worker if the day had not been a day of holiday and he had been employed on work to which statutory minimum remuneration applies:—

(a) in the case of a worker normally employed for more than 30 hours a week, for 8½ hours, or