Skip to Content

Employment Law | Holiday Entitlement.

As an employee, you have rights protected by law, one of these rights is your entitlement to holidays.


As a new employee you are entitled to five weeks and 3 days paid holiday per year, as an employer you may include the bank holidays into that figure.

This figure may change depending on several factors and the employer does have rights but also has obligations to you, this guide explains how holiday entitlement works.


It is an employee's right to time off.

Under the law an employee is entitled to holiday leave, an employer must allow this by agreement, if they do not agree and the reasons they have decline the holiday are unlawful, then the employer can be taken to a tribunal.

As a full-time employee, you are entitled to 5 weeks and 3 days' holiday, your employment contract may contain restrictions and details as to when holiday can and can't be taken, this is normally in relation to the bank holidays, any other restrictions may be unlawful.

Whilst your employer must give you the minimum permitted time off some may give more, depending on your employer and length of service, details should be available via your staff handbook, HR Department or employment contract.
If you are a new employee you may receive less leave in your first year, the amount of time is normally calculated on a pro-rata basis depending on how much time you will be employed in that year.

The amount of leave may also change if you are a part time worker this calculation is normally done on a percentage against full time e.g. if you work two days per week (40%) then your holiday entitlement will be the same, 40% of 28 days.
Do not confuse holiday allowance with any other form of time off such as medical, maternity, bereavement etc as these are all separate.


Employment Law | Holiday Entitlement.

When to take Holiday.

Best advice is to ask for your holiday as soon as possible, an employer can refuse holiday on business grounds, more often than not they will refuse because someone already has holiday over that time and they will be short staffed, so ask as soon as you can and follow the correct procedure for applying for holiday.

Pay whilst on holiday?

Holiday must include all components of your pay; this includes both guaranteed and regular non-guaranteed overtime, a payment to reflect commission if you normally receive it plus may other payments.
When you start a new job you must be given, within two months, the terms of holiday pay, called the written statement of particulars. It is illegal to pay you basic pay if your pay included other payments.

Carried forward holiday.

If you do not take your holiday it could be lost, but there are always exceptions, these can be by agreement with your employer, medical or maternity reasons. There are restrictions on how long and how much you can carry forward due to sickness; it is normally a maximum of 18 months and 4 weeks of holiday.
The best place to find information is your contract of employment or staff handbook.
If you are asked not to take holiday but carry it forward and you are happy to do so, please ensure you have this confirmed in writing.

Leaving a job.

Just in the same way as when you started, you are eligible to a percentage based on the amount of the year you have worked. If you have not taken your allowed holiday then your employer must pay you for them, but if you have taken more you must pay your employer.


If you feel your employer has breached employment law rules take advice from a solicitor, your union or the CAB.


Image Description
related news
recent articles
Gig Economy - Rights for workers.

Hermes become the first major company to make concessions to 'Gig..

link

Changes in the Compensation Law

Civil Liability Bill is set to change the face of compensation claims, a win for the Insurance companies not access to justice...

Gig Economy - Rights for workers.

Hermes become the first major company to make concessions to 'Gig Workers'...

Zero Hours Contracts

Zero Hours Contracts.
Since the introduction of zero hours contracts, there has been much debate on how they should be used and not abused......

Changes in the Compensation Law

Civil Liability Bill is set to change the face of compensation cl..

link

I can’t get in to work! - What are my rights?

If you work and can not get in what rights do you have?..

Holiday Compensation

Understand your rights to holiday compensation...

Equal Pay

Equal Pay - The Equal Pay Act of 2010 is designed to prevent discrimination in the work place. When it comes to equal pay this normally manifests itself in an e..

Real Living Wage increase

Do you work for an employer that has signed up to the Real Living..

link

Employment Contracts

Everyone who is working as an employee should have an employment contract and as with all contracts this sets out the terms of the employment, and will include..

Bereavement | Employment Rights

If you have suffered a Bereavement you are permitted to take time off during working hours to undertake.................

Employment Law Solicitors for Employers.

Employment Law Solicitors for Employers. If you're the employer of people, you want excellent solicitor's representation that giving expert advice...

Image Description
Is there anything wrong with this page? - any amendments will receive accreditation - email us

Solicitors.com are not a firm of solicitors, and any content on the site should not be used in substitute for obtaining Legal advice from a solicitor regulated in the UK, Solicitors.com recommends that you contact a firm of solicitors to discuss your individual legal requirement. Whilst we strive to bring you accurate up to date content, all content on this site is not legal advice and is not guaranteed to be correct. Use of this site does not create a client relationship.

Information by area of law
Back to top