Holiday Pay

All workers are entitled to a minimum of 5.6 working weeks annual leave (i.e. 28 days if working a 5 day week). Those 5.6 working weeks can include bank/public holidays. It is important to appreciate that bank/public holidays do not have any special protection in law. Your entitlement to bank/public holidays is governed solely by your contract of employment.

Part-time workers are also entitled to a minimum of 5.6 working weeks annual leave. However, you are entitled to the same number of holidays pro rata as full time employees. For example if a full time (i.e. five day a week) employee is entitled to 28 days plus bank/public holidays - therefore a total of 36 days per annum - a part-time worker working four days per week would be entitled to 29 days annual leave. Some of these days may have to be taken if a bank/public holiday falls on one of the normal working days - again this will depend on the wording of the contract.

Your employer is not permitted to replace your statutory holidays with payment. They should afford you the opportunity to take your holidays within the holiday year. Although the employer is entitled to place certain requirements as to the taking of holidays - such as, requirements to notification, restricting the number of days to be taken at any one time, providing set shut down periods where holidays must be taken etc.

Workers who are absent by reason of long term sickness continue to accrue holidays during their sickness absence. The holiday entitlement can be taken on return to work or the worker can request payment for any holidays owing if the period of sickness absence continues into the next holiday year.

Should you have any queries concerning holiday pay or entitlement for free initial consultation please contact Andrew Moore, andrew.moore@clough-willis.co.uk