If you're a UCATT member and need advice, call 0800 262 467 or email info@ucatt.org.uk quoting your membership number.

Employment Rights

Looking After Your Employment Rights

The nature of the industry we all work in means that disputes are bound to arise. After all, few of us enjoy the security and benefits you would expect if you had a nine to five office job or a career in the bank. That's why UCATT membership is essential for everyone in construction and allied trades: because some employers will abuse your rights, and without UCATT behind you, it can be a much harder job to assert your rights and get the pay, conditions and respect that you deserve. This page tells you about just some of the areas of employment rights UCATT can help its members with.

Key Employment Rights Issues

Print

Holiday Pay

Every worker and employee has the right to paid holidays.

The Working Time Regulations 1998 give a right to 4 weeks' holiday, paid at a normal week's wage. At present, there are no separate provisions for public holidays and it is lawful for the employer to count public holidays as part of the entitlement.

As of 1 October 2007, every worker is entitled to a minimum of 24 days paid holiday. The entitlement will increase to 28 days in April 2009.

At present, if an employer does include public holidays in your leave entitlement, the public holiday must also be paid at normal pay. You are entitled to take your holidays by giving double the notice to your employer. For example, if you want to take a week's holiday you must give your employer at least 2 weeks' notice.

This is now a statutory right for all workers. You cannot give away your rights to holiday pay by signing a waiver. If your employer includes your holiday pay in your rate contact your UCATT regional office.

Case law has shown that it may be unlawful for your employer to include holiday pay in your rate of pay. Holiday pay should normally be paid at the time the holiday is taken unless it is at the end of a contract.

If you do not receive paid holidays your employer is in breach of your contract.

The entitlement for holiday pay now starts when you begin work. For example, if you worked for an employer for 6 weeks, you would be entitled to 2.5 days paid leave.

You are entitled to any holiday provisions contained in your contract of employment. For example, the CIJC Working Rule Agreement includes the right to 21 days paid holiday plus 8 days public holidays. Under the Working Rule Agreement all holidays (including bank holidays) are paid at normal pay.

CIS4 and Holiday Pay

Only the genuinely self-employed are not entitled to holiday pay. Carrying a CIS4 does not prove that you are self-employed. The Working Time Regulations 1998 introduced rights to "workers" not just "employees". Whether directly employed or not a worker is entitled to holiday pay. There is currently no legal definition of worker but it can be understood as any individual who works for an employer, whether under a contract of employment, or any other contract where an individual undertakes to do or perform personally any work or services. 

Therefore CIS4 are often entitled to the same annual holiday rights as employees.

If you are concerned about your employment status please click here or contact your regional office if you have concerns over your holiday entitlement.  

If you would like advice on holiday pay please This e-mail address is being protected from spam bots, you need JavaScript enabled to view it If you need to know how much you are entitled to please include your start date, and when your holiday year begins (if known). Please include your membership number or e-mails will not be answered.

There are very strict time limits for making applications to an Employment Tribunal for loss of holiday pay. The basic time limit is 3 months.  This three month time limit runs from the date when the holiday payment should have been made.  Because of this rule, you should contact the Union as soon as you become aware of a complaint concerning your holiday pay.  Failure to do so could result in delay which may prevent you from pursuing a claim for the holiday entitlements due to you.  Please do not wait until the end of the holiday year or until you change employers before making a claim.  If you do so, you may well find that you have made your claim too late.

For more information contact your regional office, quoting your UCATT membership number.