Pay (Holiday, Sick, Notice)

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. Entitlement to bank/public holidays is governed solely by the contract of employment.

Part-time workers are also entitled to a minimum of 5.6 working weeks annual leave. However, an employee is 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.

An employer is not permitted to replace an employee's statutory holidays with payment. They should afford the employee the opportunity to take their holidays within the holiday year. However, the employer is entitled to place certain requirements as to the taking of holidays - such as

  • when a holiday can be taken
  • 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

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.

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To make an appointment, or to simply discuss your case, contact Clough & Willis on 0800 083 0815, or complete an online enquiry form and we will get back to you.

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