This is a preview. To continue reading please log in or Register to read this article

Holiday and holiday pay

Updating author: Nicky Stibbs

Summary

  • Under reg.13 of the Working Time Regulations 1998 workers are entitled to four weeks' holiday in each leave year. (See Holiday and holiday pay overview)
  • Workers are also entitled to an additional 1.6 weeks' leave under reg.13A, meaning that the minimum statutory annual leave entitlement is 5.6 weeks. (See Holiday and holiday pay overview)
  • Regulation 13A does not apply to employers that, as of 1 October 2007, met certain requirements. (See Employers that, as of 1 October 2007, provide 5.6 weeks' leave)
  • During the first year of workers' employment, the amount of leave that they can take at any time is limited to the amount of leave that they have accrued at that time, calculated monthly in advance. (See Holiday in first year of employment)
  • Leave entitlement under reg.13 and reg.13A may not be replaced by a payment in lieu, except where the employment is terminated. (See Statutory holiday entitlement)
  • Leave entitlement under reg.13 cannot generally be carried forward into the following holiday year. However, a relevant agreement may provide for additional leave entitlement under reg.13A to be carried forward into the leave year following the one in which it falls due. (See Statutory holiday entitlement and Holiday and sickness absence)
  • The right to minimum paid annual leave under the Working Time Regulations 1998 applies to workers, not just employees. (See Meaning of "worker")
  • Unless there is a collective or workforce agreement or contractual term to the contrary, the notice given by workers to take their holiday must be equal to at least twice the length of holiday to be taken, and an employer may refuse a request for leave by giving the worker notice equivalent to the length of leave requested. (See Timing of holiday)

Sector resources

Additional resources on this topic are available for the following sectors: