Holidays

Full-time employees are entitled to at least 28 days’ holiday (including bank holidays) per year.  This is the equivalent of 5.6 weeks.

You must take your holiday when it is convenient to your employer –  there is no absolute right to take the holiday times of your choosing.

Your employer may require you to use your remaining annual leave during your notice period or whilst you are on garden leave.

If you are ill during a pre-booked holiday, you may be able to claim back the holiday time for the period that you were sick and even roll it into next year’s holiday allowance.

If you aren’t getting your full entitlement, call us for free on 08000 614 631 in confidence and without obligation. We’ll tell you what your options are and help you get what you are due.

I’m part-time, what is my entitlement?

Part-time workers also get at least 5.6 weeks’ paid holiday a year, which is calculated on a pro-rata basis depending on how much you work.

For example, if you work 2 days a week, your leave is calculated by multiplying 2 by 5.6, which comes to 11.2 days of annual paid leave. It will be rounded up to the next half or whole day.

How much notice do I need to give to take a holiday?

Your employer can insist on at least twice as much notice as the amount of leave you want to take (your contract of employment may say otherwise).

• For example, you need to give 4 weeks’ notice for 2 weeks’ leave.

Can my employer cancel my holiday?

Yes. Your employer can refuse a leave request – or cancel it- but they must give you notice. Unfortunately, it is less notice than you had to give to book the holiday. They only need to give you the equivalent notice for the amount of time you want to take off.

• For example, if you have booked a week’s leave, your employer needs to give you at least a week’s notice that your holiday is being cancelled.

Your employer should only have a good business reason for cancelling your booked holiday.

If cancelling your holiday causes you financial loss, your employer ought to compensate you.  You may also have case for a constructive dismissal claim if your employer is treating you so unreasonably that you have lost trust and confidence in them.

Will I be paid for Bank Holidays?

Not automatically. There is no statutory right to be paid for bank or public holidays. You will need to check your contract to see if it says anything different.

Your employer will usually include bank holidays as part of your statutory holiday entitlement.

Can I take the Bank Holidays off if I want to?

Not automatically. It depends on what’s in your contract of employment.

Can I carry leave entitlement over into another holiday year?

Not automatically. This will depend on what your contract allows or what you agree with your employer. Some employers allow leave to be carried over. Whatever the arrangement, they must not permit so much annual leave to be carried over that you have not been able to take at least 20 days’ leave in a year.

There are some exceptions – when you are ill or have been on leave such as maternity or shared parental leave.

Can I be paid for holiday that I’ve not taken?

You have no right to be paid for leave that you haven’t taken during the year. You are only entitled to a payment for the unused holiday on termination of your employment.

There is one exception. Some employers give more generous holiday entitlement which can be supplemented by ‘buying’ extra days. You can usually ‘sell’ some of these extra days back to the employer but you must always be left with at least the statutory minimum of 20 to take.

What rate of pay do I receive when on holiday?

If you are paid overtime and bonus or commission in addition to your basic pay, then your holiday pay should reflect this.

What about the overtime pay I usually get?

Under a recent court ruling, your holiday pay is calculated with reference to the overtime you have been working and been paid for in previous weeks.

• For example, if you receive a basic wage of £400 per week plus £100 in overtime, your holiday pay should be £500 for the week you have off

What about the commission payments?

Commission payments you receive may go towards calculating your holiday pay following a recent court ruling.

If you aren’t being paid the correct holiday pay, call us free on 08000 614 631 in confidence and without obligation. We will tell you what your options are if you have a case.

I have taken more holiday than I had accrued. Can my employer deduct it from my pay?

Yes. If you leave part way through a holiday year and find you have taken more leave than you have accrued, your employer may be able to deduct it from your final salary. This is only possible if there is express provision in your contract of employment or other relevant agreement.

My employer owes me holiday pay. How far back can I make a claim?

Two years. You need to bring a claim within three months (less one day) of the end of a holiday year for which you feel you were underpaid. It is important to take expert legal advice to ensure you do not lose out.

What if I’m off sick?

You continue to accrue holiday entitlement even if you have been on long-term sick leave.

What do I do now?

This is where we come in. Employment law is all we do.

Whether you want to take the initiative or if you are asked to leave, it can often feel that your employer holds all the power.  They will likely have experienced HR professionals or a solicitor working in the background.  That’s why you need the best support and advice available.  You need a specialist employment lawyer – one who knows how to get what you are owed.

We understand how it feels. We have helped hundreds of employees and because we act for businesses too, we know the tactics you’re likely to face from your employer.  We know every trick in the book.

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