Holiday Insurance When Travelling Abroad

summerhols

It’s the holiday season and we are all no doubt eager to escape the grey skies of Northern Ireland and head abroad for a week or two of tropical sunshine and relaxation.

While giving careful thought to what factor of sun lotion to bring, you may also want to ensure you have good holiday insurance in place.

It is important to make sure that you are aware of local laws and customs when you travel, to avoid invalidating any insurance policy you have.

Jonathan Wheeler, Vice-President of The Association of Personal Injury Lawyers (‘APIL’)* has said:-

“Just because you have insurance cover does not mean you don’t have to be responsible for your own behaviour. In fact you could unwittingly invalidate your insurance if you break the law or are disorderly,”

“Many travel insurance policies carry exemptions if you do something illegal. Jaywalking for example, isn’t illegal in the UK but it is in some overseas countries,”

“If you cross the road when the light is on red, you face a fine – which you could do without on holiday.”

“But in the worst case scenario, you could be knocked down by a car and find that your insurer is not obliged to cover you for medical bills, or to get you home, or to pursue a case for compensation if someone else is negligent and injures you”.

Jaywalking is an offence in most US states, and destinations popular with hen and stag parties such as the Czech Republic and Poland.

The sun-seekers out there should be aware that Greece also has some strict laws relating to taste and decency, which can carry hefty fines. Even some fancy dress costumes may be regarded as offensive and violate the law.

In Mallorca and Barcelona, sunbathers who leave the beach still stripped to their swimwear could be fined as much as £500. And driving penalties in Spain can be much tougher than in the UK – just 1km per hour above the speed limit can result in a fine of around £400 for a tourist.

“If you’ve had a run-in with the law while you’re overseas, however small, it might be held against you if you need to make a claim for something,” adds Jonathan.

“It’s easy to throw caution to the wind when on holiday but it’s worth knowing the local laws and customs before you set off.

Be responsible for yourself and show respect for your foreign hosts”.

Happy Holidays!

MHannaBy Martin Hanna

Partner

Francis Hanna & Co Solicitors

For more information on this area, please feel free to  contact Martin by email at mhanna@fhanna.co.uk or alternatively please leave us your comments below
*APIL (Association of Personal Injury Lawyers) is a not-for-profit organisation whose members are dedicated to campaigning for improvements in the law to help people who are injured or become ill through no fault of their own.

Holiday Pay – Making Sure You Know Your Rights

holidayThe summer holidays are upon us and no doubt you are counting the days until you can dust off the sunglasses , stick your ‘out of office’ on and head off to sunnier climates for a well deserved break!

 

But before you go, are you aware of what your legal entitlement to holiday leave and pay is? Here we provide you with the answers to some questions you may have about holiday pay…

How much holiday pay am I entitled to?

Workers have a right by law to at least 5.6 weeks paid annual leave – this is basically 28 days paid holiday for a five day working week.   This right comes from the Working Time Regulations (NI) 1998.

The main things you should know about your rights to holiday leave are:
  • You should get a minimum of 5.6 weeks paid annual leave if you work full time.
  • If you are a part-time worker, you are entitled to the same level of holiday pro rata.
  • Your entitlement to holiday pay starts to build as soon as you start work.
  • Your employer can control when your holidays are taken.
  • If you leave your job, annual leave days that you have accrued but not taken will be paid.
  • Your employer can include bank and/or public holidays as part of the 5.6 weeks leave.
  • You are entitled to holiday leave throughout ordinary and additional maternity leave, paternity and adoption leave
Should commission be included in my holiday pay?

When you are off on holiday, you are entitled to be paid your normal salary.

However, there was a recent case (known as Z.J.R Lock v British Gas Trading Ltd and Others) where the European Court looked at whether holiday pay should only be based on normal salary or whether it should include commission also.

The Court decided that there was an entitlement to holiday pay based on both normal salary and commission as otherwise it would put people off taking holidays if they were to lose out on commission payments.

This case is still ongoing as the manner in which commission is calculated has yet to be finalised by the Court.

Should overtime be included in my holiday pay?

There was recently the case of Bear Scotland & Ors v Fulton & Ors which concerned whether or not overtime payments should be included in the calculation of holiday pay or not. It was held that guaranteed overtime payments were to be included in holiday pay.

Each case must be looked at on its own facts and therefore it would be necessary to seek legal advice if you had any query about how much holiday pay you are entitled to.
Happy Holidays!
If you require any further information this area, please feel free to contact Mary gavin at MGAVIN@FHANNA.CO.UK or leave your comments below.

Holiday Insurance When Travelling Abroad

summerhols

It’s the holiday season and we are all no doubt eager to escape the grey skies of Northern Ireland and head abroad for a week or two of tropical sunshine and relaxation.

While giving careful thought to what factor of sun lotion to bring, you may also want to ensure you have good holiday insurance in place.

It is important to make sure that you are aware of local laws and customs when you travel, to avoid invalidating any insurance policy you have.

Jonathan Wheeler, Vice-President of The Association of Personal Injury Lawyers (‘APIL’)* has said:-

“Just because you have insurance cover does not mean you don’t have to be responsible for your own behaviour. In fact you could unwittingly invalidate your insurance if you break the law or are disorderly,”

“Many travel insurance policies carry exemptions if you do something illegal. Jaywalking for example, isn’t illegal in the UK but it is in some overseas countries,”

“If you cross the road when the light is on red, you face a fine – which you could do without on holiday.”

“But in the worst case scenario, you could be knocked down by a car and find that your insurer is not obliged to cover you for medical bills, or to get you home, or to pursue a case for compensation if someone else is negligent and injures you”.

Jaywalking is an offence in most US states, and destinations popular with hen and stag parties such as the Czech Republic and Poland.

The sun-seekers out there should be aware that Greece also has some strict laws relating to taste and decency, which can carry hefty fines. Even some fancy dress costumes may be regarded as offensive and violate the law.

In Mallorca and Barcelona, sunbathers who leave the beach still stripped to their swimwear could be fined as much as £500. And driving penalties in Spain can be much tougher than in the UK – just 1km per hour above the speed limit can result in a fine of around £400 for a tourist.

“If you’ve had a run-in with the law while you’re overseas, however small, it might be held against you if you need to make a claim for something,” adds Jonathan.

“It’s easy to throw caution to the wind when on holiday but it’s worth knowing the local laws and customs before you set off.

Be responsible for yourself and show respect for your foreign hosts”.

Happy Holidays!

MHannaBy Martin Hanna

Partner

Francis Hanna & Co Solicitors

For more information on this area, please feel free to  contact Martin by email at mhanna@fhanna.co.uk or alternatively please leave us your comments below
*APIL (Association of Personal Injury Lawyers) is a not-for-profit organisation whose members are dedicated to campaigning for improvements in the law to help people who are injured or become ill through no fault of their own.

Holiday Pay – Making Sure You Know Your Rights

By Mary Gavin,

Employment Law Solicitor, Francis Hanna & Co

holidaySummer is almost here and if you’re anything like me you are counting the days until you can dust off the sunglasses , stick your ‘out of office’ on and head off to sunnier climates for a well deserved break!

But before you go, are you aware of what your legal entitlement to holiday leave and pay is?

How much holiday pay am I entitled to?

Workers have a right by law to at least 5.6 weeks paid annual leave – this is basically 28 days paid holiday for a five day working week.   This right comes from the Working Time Regulations (NI) 1998.

The main things you should know about your rights to holiday leave are:
  • You should get a minimum of 5.6 weeks paid annual leave if you work full time.
  • If you are a part-time worker, you are entitled to the same level of holiday pro rata.
  • Your entitlement to holiday pay starts to build as soon as you start work.
  • Your employer can control when your holidays are taken.
  • If you leave your job, annual leave days that you have accrued but not taken will be paid.
  • Your employer can include bank and/or public holidays as part of the 5.6 weeks leave.
  • You are entitled to holiday leave throughout ordinary and additional maternity leave, paternity and adoption leave
Should commission be included in my holiday pay?

When you are off on holiday, you are entitled to be paid your normal salary.

However, there was a recent case (known as Z.J.R Lock v British Gas Trading Ltd and Others) where the European Court looked at whether holiday pay should only be based on normal salary or whether it should include commission also.

The Court decided that there was an entitlement to holiday pay based on both normal salary and commission as otherwise it would put people off taking holidays if they were to lose out on commission payments.

This case is still ongoing as the manner in which commission is calculated has yet to be finalised by the Court.

Should overtime be included in my holiday pay?

There was recently the case of Bear Scotland & Ors v Fulton & Ors which concerned whether or not overtime payments should be included in the calculation of holiday pay or not. It was held that guaranteed overtime payments were to be included in holiday pay.

Each case must be looked at on its own facts and therefore it would be necessary to seek legal advice if you had any query about how much holiday pay you are entitled to.
Happy Holidays!
If you require any further information this area, please feel free to contact Mary at mgavin@fhanna.co.uk or leave your comments below.