General holiday entitlement and rights
Minimum annual leave entitlement for employees in the UK
Statutory entitlement
In the UK, the statutory minimum annual leave entitlement for employees is governed by the Working Time Regulations 1998. Employees are entitled to 5.6 weeks of paid holiday per year, equivalent to 28 days for full-time workers. This entitlement applies to full-time, part-time, and irregular workers on a pro-rata basis.
Full-time workers: Receive 28 days of paid leave annually, which may include bank holidays at the employer’s discretion.
Part-time workers: Entitled to the same 5.6 weeks of leave, calculated on a pro-rata basis (e.g., an employee working three days per week would receive 16.8 days of annual leave).
Irregular and part-year workers: Holiday entitlement is calculated as 12.07% of hours worked to reflect their working pattern. As of April 1, 2024, employers can choose between accruing leave as a bank of entitlement or paying rolled-up holiday pay.
Bank holidays and additional leave
Employers can include bank holidays within the statutory 28-day entitlement or provide them as additional leave.
Additional leave beyond the statutory minimum is at the employer’s discretion and must be outlined in employment contracts.
Carrying over leave
The Working Time Regulations generally require employees to take statutory leave within the leave year.
Exceptions allow up to four weeks of leave to be carried over if an employee was unable to take it due to sickness or maternity leave.
Calculating holiday pay
Regular hours workers: Holiday pay equals normal weekly pay.
Irregular hours workers: Holiday pay is based on the average earnings over the previous 52 weeks (unpaid weeks are excluded from the calculation).
Understanding annual leave entitlement and public holidays
Statutory entitlement and contractual agreements
The statutory entitlement of 5.6 weeks does not automatically include public holidays.
Employers may choose whether to count public holidays within the 28-day entitlement or offer them as additional leave.
Legal considerations
Employers must ensure that employees receive at least the statutory minimum leave.
Part-time employees must receive a pro-rata entitlement to public holidays under the Part-Time Workers Regulations.
Addressing unusual public holidays
Additional bank holidays (e.g., royal celebrations) may not be included unless specified in the contract.
Employers may choose to grant them as extra leave or offer time off in lieu.
Employer control over employee holiday timing
Legal framework and employer rights
Employers have the right to refuse holiday requests for valid business reasons.
Employers can require employees to take holiday at certain times, provided notice is twice the length of the leave period.
Managing holiday requests
Implement fair and consistent policies to prevent discrimination.
During peak periods, employers can use a first-come, first-served or rotational system.
Holiday cancellations must be communicated with notice equal to the length of the leave.
Handling unauthorised absence
Taking leave without approval may result in disciplinary action, provided company policies are followed.
Understanding holiday carryover in the UK
Statutory entitlement and carryover conditions
Statutory leave should generally be used within the leave year.
Sick leave: Employees can carry over up to four weeks of leave for up to 18 months.
Maternity leave: Employees can carry over their full 5.6 weeks.
Employer obligations
Employers must warn employees if unused leave will be lost.
Failure to facilitate statutory leave can lead to carryover rights for employees.
Holiday entitlement for employees starting or leaving mid-year
Calculating pro-rata holiday entitlement
Employees starting or leaving mid-year receive a pro-rated holiday entitlement based on their working period.
Formula:
(Total Leave Entitlement ÷ 12 months) × Months Worked
Payment in lieu of holiday
Upon termination, employees must receive payment for untaken statutory leave.
Employers may deduct excess leave taken from final pay if the contract allows it.
Short notice holiday requests
Legal entitlements and employer rights
Employees must provide twice the length of the requested holiday as notice.
Employers can refuse holiday requests for valid business reasons.
Refusals must be communicated with at least equal notice.
Best practices for employers
Maintain clear holiday policies.
Assess requests case-by-case.
Avoid discrimination in approving leave.
Employee considerations
Employees should plan holidays in advance.
Open communication can help resolve conflicts.
Payment in lieu of holiday
Statutory entitlement and payment in lieu
Employees must take their statutory leave and cannot be paid in lieu except on termination.
The payment must reflect the employee’s normal earnings.
Contractual agreements and enhanced leave
Employers may allow payment in lieu of additional contractual leave.
Employer responsibilities
Maintain accurate records of holiday entitlements and payments.
Clearly outline payment policies in contracts.
Specific circumstances affecting holiday entitlement
Calculating holiday entitlement for part-time employees
Statutory holiday entitlement
In the UK, part-time employees are entitled to a minimum of 5.6 weeks of paid holiday per year, in line with full-time employees but calculated on a pro-rata basis. This ensures fair treatment regardless of the number of days or hours worked weekly.
Pro-rata holiday calculation
The statutory 5.6 weeks entitlement equates to 28 days for a full-time worker (five-day week). For part-time employees, the entitlement is adjusted accordingly. The calculation formula is:
Holiday Entitlement = (Number of Days Worked per Week) × 5.6 Weeks
For example, a three-day-per-week employee is entitled to 16.8 days of annual leave (3 × 5.6).
Bank holidays and additional entitlements
Employers may include bank holidays within the statutory entitlement or offer them as additional leave. Employees should review their contracts to understand how these are treated.
Holiday pay for part-time employees
For those with regular hours, holiday pay is based on normal earnings. Employees with irregular hours receive holiday pay based on their average earnings over the previous 52 weeks.
Compliance and best practices
Employers must ensure holiday entitlements comply with the Working Time Regulations 1998 and should clearly outline policies in employment contracts to avoid disputes.
Holiday entitlement for employees employed for less than a year
Pro-rata holiday calculation
Employees working less than a full leave year receive a proportionate holiday entitlement. The formula used is:
(Full Annual Entitlement) × (Proportion of the Year Worked)
For example, an employee working six months of a leave year in a five-day-per-week role would be entitled to 14 days (28 × 6/12).
Holiday accrual system
Employees accrue holiday at a rate of 1/12th of their annual entitlement per month worked. This method ensures fair distribution of leave throughout employment.
Payment in lieu
Employees leaving mid-year are entitled to payment in lieu for untaken holiday. Employers must calculate this based on accrued leave and the employee’s average weekly pay over the last 52 weeks.
Holiday entitlement for irregular hours and part-year workers
Defining irregular hours and part-year workers
Irregular Hours Workers: Employees with fluctuating work hours per pay period, such as casual and zero-hours workers.
Part-Year Workers: Those employed only for portions of the year, such as seasonal staff.
Calculating holiday entitlement
Holiday entitlement is calculated as 12.07% of hours worked per pay period, ensuring fairness for fluctuating work patterns.
Holiday pay calculation
Holiday pay is based on an average of earnings over the previous 52 weeks, excluding unpaid weeks, ensuring fair remuneration.
Rolled-up holiday pay
Employers may use rolled-up holiday pay, where holiday pay is included in each wage payment at a rate of 12.07%.
Carrying over holiday
Workers unable to take leave due to statutory leave (e.g., maternity or sick leave) may carry over up to 28 days of unused leave into the next leave year, to be used within 18 months.
Holiday entitlement for self-employed individuals
No statutory holiday entitlement
Self-employed individuals are not entitled to statutory paid holiday, as they are responsible for their own schedules and earnings.
Contractual agreements
Freelancers and contractors should negotiate holiday terms in contracts where possible, particularly when working via agencies.
Managing time off
Self-employed individuals should:
Plan financially for unpaid leave periods.
Negotiate contracts to include time-off provisions.
Maintain client relationships by scheduling leave appropriately.
Enhanced or contractual holiday entitlement
Employer-provided additional leave
Employers may offer more than the statutory minimum, with enhanced entitlements typically included in employment contracts.
Legal considerations
Contractual obligation: Once included in a contract, enhanced leave becomes a binding right.
Custom and practice: Long-standing additional leave practices may become implied contract terms.
Discrimination risks: Additional leave must be offered fairly to all employees, including part-time staff.
Best practices
Clearly document entitlements in employment contracts.
Maintain accurate records of holiday accrual.
Communicate changes to policies effectively.
Taking holiday that’s less than a full day
Managing part-day holiday
Employees with fractional holiday entitlement can:
Take partial days off (e.g., start late or leave early).
Accumulate fractional days until they total a full day.
Legal compliance
Employers must not round down entitlements and should align policies with Working Time Regulations 1998.
Best practices
Clearly outline policies in employment contracts.
Ensure accurate record-keeping for fractional holiday tracking.
Communicate expectations for using part-day holidays.
Holiday entitlement during maternity, paternity, adoption, and shared parental leave
Accrual of Holiday Entitlement
Employees continue to accrue statutory annual leave while on:
Maternity leave (up to 52 weeks).
Paternity leave (one to two weeks).
Adoption leave (up to 52 weeks).
Shared Parental Leave (SPL) (up to 50 weeks shared leave).
Carrying over holiday
Unused holiday can be carried over if an employee is unable to take it due to family leave. Employers should plan holiday use before or after the leave period to prevent disputes.
Employer responsibilities
Employers should:
Communicate holiday accrual during family leave.
Facilitate leave planning to prevent loss of entitlement.
Ensure policies align with employment law.
Policies and practices for managing annual leave
Requesting annual leave
Requesting annual leave is a fundamental process in the workplace, ensuring employees can take necessary breaks while allowing employers to maintain smooth operations. Understanding the correct procedure for requesting leave is essential for both employees and employers to ensure compliance with legal requirements and business continuity.
Understanding annual leave entitlement
Employees in the UK are entitled to a statutory minimum of 5.6 weeks of paid holiday per year, equating to 28 days for full-time workers. Part-time employees receive a pro-rata entitlement, ensuring fairness across different employment types. Employers should provide clear information on how leave entitlement is calculated, particularly for employees with irregular working hours.
The process of requesting leave
Employees must provide adequate notice when requesting annual leave, typically at least twice the length of the leave requested. The request should be submitted following the company's designated procedure, which may involve using HR software or written requests. Employers have the right to refuse leave requests based on valid business reasons, such as insufficient staffing or high workloads, but must ensure employees can take their full statutory entitlement within the leave year.
Best practices for employees
Employees should plan their leave in advance, communicate effectively with their employer, and understand their company’s annual leave policy. Early planning and proactive discussions can help avoid conflicts and increase the likelihood of approval.
Employer responsibilities
Employers must provide clear guidelines on requesting leave, ensure fair treatment of all employees, and manage overlapping requests in a transparent manner. A well-documented leave policy helps prevent misunderstandings and disputes, fostering a fair and consistent approach to leave management.
Annual leave carryover
Annual leave should generally be taken within the leave year. However, certain conditions allow for carryover:
Sick leave: Employees unable to take their statutory leave due to illness can carry over up to four weeks of leave.
Maternity or family-related leave: Employees on maternity or adoption leave can carry over their full entitlement.
Employer’s failure: If an employer fails to allow reasonable opportunities for employees to take leave, they may carry it over indefinitely.
Employer obligations and best practices
Employers must ensure employees take their entitled holidays and communicate policies on leave carryover effectively. Best practices include:
Clear policies: Define the leave year, carryover limits, and request processes.
Regular communication: Remind employees about leave entitlements and the risks of losing untaken leave.
Record keeping: Maintain accurate leave records to ensure compliance.
Offering buy-out options for unused annual leave
Understanding the legal framework
The Working Time Regulations 1998 prohibit payment in lieu of statutory annual leave during employment. However, payment for unused leave is permitted upon termination of employment.
Financial and operational considerations
Offering a buy-out can have financial implications for employers and may lead to burnout if employees opt for financial compensation instead of rest. Employers must balance operational needs with employee well-being.
Alternatives to buy-out options
Instead of offering buy-outs, employers may:
Encourage leave utilization: Implement policies that promote taking leave throughout the year.
Allow limited carryover: Permit employees to carry over a portion of unused leave.
Offer flexible leave arrangements: Allow leave in smaller increments.
If a buy-out policy is implemented, it must be clearly outlined in employment contracts, communicated effectively, and regularly reviewed to ensure compliance and fairness.
Can employers determine when employees take their holiday?
Legal framework and employer rights
Employers can refuse holiday requests for business reasons and require employees to take holiday at specific times, such as during a business shutdown. However, they must provide notice that is at least twice the length of the required leave period.
Practical considerations
Employers must balance operational needs with employee satisfaction. Establishing clear policies and transparent communication can prevent conflicts and maintain positive workplace relations.
Managing holiday during peak periods
Employers can refuse leave requests during peak periods if granting them would disrupt business operations. Incentives such as additional pay or time off in lieu can help maintain staffing levels.
Handling holiday requests and disputes
Employers should ensure holiday requests are handled fairly and provide clear explanations if a request is denied. In cases of unauthorised leave, disciplinary actions must be proportional and based on clear evidence.
Special leave considerations and public holidays
Leave for public duties
In the UK, employees are entitled to take time off work for certain public duties, supporting civic engagement and public service. This entitlement ensures that employees can fulfil responsibilities in various public roles without facing discrimination or risking their job security.
Entitlement to time off for public duties
Employees are entitled to a "reasonable" amount of time off to perform public duties, including roles such as magistrates, local councillors, school governors, and members of statutory tribunals. The definition of "reasonable" time off is not explicitly stated in the law, and is determined through mutual agreement between the employer and the employee based on the nature of the duties and business impact].
Employer obligations and employee rights
Employers cannot refuse time off for public duties if the request is reasonable. However, there is no statutory requirement for the time off to be paid, though some employers may choose to compensate employees as a goodwill gesture. If an employer unreasonably refuses a request, the employee may raise a grievance.
Jury service
Jury service is a form of public duty for which employees must be granted leave. Employers cannot refuse time off for this obligation, and dismissing an employee for attending jury service may lead to an employment tribunal claim. While employers are not required to pay employees during jury service, employees who are not paid can claim a loss of earnings allowance from the court.
Reservists and public duties
Members of the reserve forces have additional protections. When called up for service, employers must allow time off and may claim financial assistance if the reservist’s absence causes financial strain. Reservists are entitled to return to their previous job or a suitable alternative upon completion of service.
Managing time off for public duties
Employers should establish clear policies regarding time off for public duties, ensuring requests are handled fairly and in line with business needs. While employers may refuse a request for business reasons, they must provide justification and document the decision to avoid disputes.
Leave for court service
Employee rights and employer obligations
Employees have the right to take time off for jury service. Employers must allow this time off and cannot dismiss or discriminate against employees for fulfilling their civic duty. However, there is no statutory requirement to pay employees during this period. If an employer does not provide pay, employees can claim a loss of earnings allowance from the court.
Managing employee absences
Jury service duration varies from a few days to several months. Employers can request employees to apply for a deferral if their absence would significantly impact business operations, but the court ultimately decides whether to grant it. Employers should plan ahead and implement contingency strategies for key roles.
Supporting employees during jury service
Jury service can be emotionally taxing. Employers should consider offering support, such as counselling services, and ensure a smooth transition back to work. Employees must also be reminded that discussing trial details is prohibited, even after the case concludes.
Leave for trade union duties and activities
Legal framework and entitlements
Employees who are trade union officials are entitled to reasonable paid time off to carry out trade union duties, such as negotiating employment terms and conditions. This does not extend to general union activities, such as attending conferences, which may be unpaid.
Employer considerations
Employers must handle time-off requests for trade union duties fairly and consistently. Keeping detailed records and establishing clear policies on trade union leave can help prevent disputes. Regular dialogue with union representatives ensures smooth operations and compliance with legal obligations.
Leave for military training and service
Reservist rights and employer obligations
Reservists are entitled to time off for military training and service, though employers are not required to provide paid leave. When called up for full-time service (mobilisation), employers must accommodate their absence and ensure job security upon return. Employers are also prohibited from making reservists redundant due to their military commitments.
Financial Assistance
Reservists can claim financial support to cover lost earnings, while employers may be eligible for compensation to cover temporary staff hiring and training costs. Employer incentive payments are available for smaller businesses employing reservists.
Managing the transition back to work
Employers should support returning reservists by maintaining open communication and considering necessary role adjustments. Providing access to mental health resources ensures a smoother reintegration process.
Leave for bank holidays and Christmas
Entitlement to bank holidays
The statutory minimum annual leave entitlement (5.6 weeks or 28 days) can include bank holidays but does not automatically grant employees time off on these days. Whether bank holidays are given as additional leave depends on the employment contract’s wording.
Managing leave over Christmas
Employers facing high leave demands during Christmas should implement fair systems, such as a first-come, first-served approach or a rota system. Adequate notice is required when mandating leave during quiet periods, with notice being at least twice the length of the required leave.
Incentives and alternatives
Offering incentives, such as additional pay or time off in lieu, can help maintain staffing levels while ensuring employee morale remains high.
Maternity, paternity, adoption, and parental leave
Maternity leave
Employees are entitled to 52 weeks of maternity leave, consisting of 26 weeks of Ordinary Maternity Leave (OML) and 26 weeks of Additional Maternity Leave (AML). The first six weeks of Statutory Maternity Pay (SMP) are paid at 90% of average weekly earnings, followed by 33 weeks at either the statutory rate or 90% of earnings, whichever is lower. From April 7, 2025, the statutory rate will increase to £187.18 per week.
Paternity leave
Eligible employees can take up to two weeks of statutory paternity leave, either in one block or two separate one-week blocks. This must be taken within 52 weeks of the child’s birth. Statutory Paternity Pay (SPP) is available at the statutory rate or 90% of average weekly earnings, whichever is lower.
Adoption leave
Adoptive parents are entitled to the same leave and pay rights as maternity leave, including up to 52 weeks of leave and Statutory Adoption Pay (SAP) for 39 weeks.
Parental leave
Parents can take up to 18 weeks of unpaid parental leave per child, with a maximum of four weeks per year per child. This leave must be taken in blocks of at least one week and applies until the child turns 18.
Shared parental leave
Shared Parental Leave (SPL) allows parents to share up to 50 weeks of leave and 37 weeks of pay, providing flexibility in how childcare responsibilities are managed. Employers must ensure that SPL policies comply with legal protections and do not disadvantage employees taking leave.
Parental bereavement leave
Parental bereavement leave is a statutory right in the UK, designed to support parents who have suffered the loss of a child. This right, often referred to as "Jack's Law," was introduced to provide a minimum standard of leave and pay for grieving parents, ensuring they have the necessary time to cope with their loss without the immediate pressure of returning to work.
Eligibility and entitlement
Parental bereavement leave is available to all employees who have lost a child under the age of 18 or have experienced a stillbirth after 24 weeks of pregnancy. This entitlement applies from the first day of employment, meaning there is no minimum service requirement for employees to qualify.
The definition of "parent" includes:
Biological parents
Adoptive parents
Intended parents under a surrogacy arrangement
Guardians or foster parents with day-to-day responsibility for the child
The partner of any of the above individuals in an enduring family relationship.
Employees are entitled to take up to two weeks of parental bereavement leave, which can be taken:
As a single block of two weeks
As two separate one-week blocks
At any time within 56 weeks of the child’s death.
This flexibility allows parents to take leave when they need it most, such as around the anniversary of the child's death.
Notice requirements
The notice requirements for taking parental bereavement leave are designed to be flexible, recognising the unpredictable nature of grief.
If the leave is taken within the first 56 days following the child’s death, employees only need to notify their employer before their first day of absence.
If the leave is taken after 56 days, employees must provide at least one week's notice.
Statutory Parental Bereavement Pay (SPBP)
Employees may also be entitled to Statutory Parental Bereavement Pay (SPBP). To qualify, employees must:
Have at least 26 weeks of continuous service
Earn above the lower earnings limit
The rate of SPBP is:
£184.03 per week or 90% of the employee's average weekly earnings, whichever is lower.
Employers can offer enhanced pay as part of their compassionate leave policies if they choose to do so.
Rights during and after leave
Employees retain their employment rights while on parental bereavement leave, including:
Accruing annual leave
Maintaining their contractual benefits (except pay)
Protection from unfair dismissal
Priority consideration for suitable alternative vacancies if redundancy occurs during their leave.
If an employer dismisses or treats an employee unfairly for taking bereavement leave, the employee can bring a claim for unfair dismissal, regardless of their length of service.
Bereavement leave beyond parents
While statutory bereavement leave applies only to parents, other forms of bereavement leave may be granted under an employer’s compassionate leave policy.
Under the Employment Rights Act 1996, employees can take a reasonable amount of time off for the death of a dependant, including:
A spouse, civil partner, parent, or child
Someone who lived in the same household (e.g., a cohabiting partner)
Someone who relied on the employee for care (e.g., an elderly relative)
Employers have discretion over how much paid or unpaid leave is provided beyond statutory requirements.
