Working Time Regulation Change

Company Announcement

Working Time Regulation Change – effective 1st April 2009

This notice relates to your current contractual agreement with Kelly Services.

What is the change that is happening in April 2009?

In line with the new Working Time Regulations legislation effective 1st April 2009, all workers will be entitled to 5.6 weeks paid annual leave in a Leave Year (workers are currently entitled to 4.8 weeks paid annual leave in a Leave Year).

How will Kelly Services ensure that I receive this new amount?

As the Kelly Services Leave Year starts on 5th January 2009, you will accrue holidays based on the following calculation when working on a secondment/assignment with one of our customers:

• 0.10169 days leave for every day worked between 5th January 2009 and 31st March 2009
• 0.12068 days leave for every day worked between 1st April 2009 and 3rd January 2010

Will I accrue leave when I take annual leave?

Based on your feedback, and to ensure that we are fully compliant with the Working Time Regulations, the above calculation ensures that you receive the appropriate number of paid annual leave over the course of a Leave Year, without you having to accrue leave when you take holiday.

I work part time or on a shift basis, will my holiday accrual be calculated differently?

As Kelly Services have applied the policy for holiday accrual in a fair and consistent manner, in accordance with the Working Time Regulations, ALL workers’ holiday accrual will be based on the same accrual calculation rate to ensure that everyone receives the correct amount of paid annual leave, based on the number of days that they work.

What happens to my holiday accrual if I receive a Statutory Payment?

When a worker receives a statutory payment of Statutory Sick Pay, Statutory Maternity Pay, Statutory Paternity Pay and Statutory Adoption Pay, they will continue to accrue holiday entitlement during this time.

What happens to Bank Holidays?

Bank Holidays are included within the annual entitlement, and from the start of the 2009 Leave Year, will need to be requested as any other holiday payment application, in order to be paid.

How does this affect my contract?

This letter provides you with reasonable notice of our request to change your current terms to ensure that you benefit from the enhanced holiday for 2009. You do not need to take any action or do anything as a result of this letter concerning Kelly Services 2009 Holiday Leave Year.

What happens if I work with a customer who already offers enhanced paid annual leave?

If you are fortunate enough to work at one of our customer locations where you currently receive more than the equivalent of 4.8 weeks paid annual leave per year, then it is likely that your current enhancement will remain unchanged for 2009. The amount that you accrue for each day that you work will be based on the total number of paid annual leave days at the specific site that you work, divided by the standard number of working days available over a 12 month period. If you have any questions about how your holiday accrual is calculated, please contact your Kelly Services Consultant in the first instance.

How is the actual amount of holiday pay that I receive calculated?

Kelly Services calculate holiday pay within the strict guidelines laid down by the Working Time Regulations, as detailed below:

Holiday pay is calculated on standard earnings over the 12 week period prior to the holiday being taken.  Overtime, bonus, commissions or expenses are not included in earnings for holiday pay calculation.

The average pay per day is the gross pay the person will receive for each day they take as holiday.

Example for 12 weeks worked

Total eligible Gross Pay for 12 weeks = £2400

Number of days worked = 57

Average Pay Per Day = £2400/57 = £42.11

Example for less than 12 weeks of work

If the person does not have 12 weeks of work, the number of weeks for which there were eligible earnings is used for the calculation, e.g. if they have 6 weeks of work then the average will be based on a 6 week period.

Total eligible Gross Pay for weeks 1-6 = £1200

Total eligible Gross Pay for weeks 7-12 = £0

Number of days worked = 28

Average Pay Per Day = £1200/28 = £42.86

 

What happens to my holiday if I choose to leave Kelly Services?

Any remaining accrued holiday days will be paid in full with your final payment.

On behalf of Kelly Services, we would like to take this opportunity to thank you for selecting us as your preferred Agency of Choice, you are the cornerstone of our business and we hope that you will continue to work with us in 2009 and beyond.

Tracy Ellison

Country General Manager

For and on behalf of Kelly Services (UK) Ltd