Holiday and holiday pay

Updating author: Nicky Stibbs

XpertHR editor: Zuraida Curtis

Summary

• The Working Time Regulations (SI 1998/1833) entitle workers to a minimum of 5.6 weeks' paid annual holiday, comprised of four weeks under reg.13, and an additional 1.6 weeks under reg.13A. (See Overview)
• During the first year of employment, the amount of leave that workers can take at any time is limited to the amount of leave that they have accrued. (See Holiday in first year of employment)
• Workers must be paid at the rate of a "week's pay" for each week of their statutory annual leave. (See Pay for holiday - a week's pay)
• Workers must receive their "normal remuneration" during their four-week leave entitlement under reg.13, and the amount that is payable under their contract of employment during the additional 1.6 weeks leave under reg.13A. (See Calculating holiday pay under reg.13 - four weeks' leave and Calculating holiday pay under reg.13A - additional 1.6 weeks' leave)
• The rules governing accrual and carry-over of annual leave for workers on sickness absence relate to the four-week leave entitlement under reg.13 only. (See Entitlement to paid annual leave during sickness absence and Period of carry-over)
• The leave entitlement under reg.13 and reg.13A may not be replaced by a payment in lieu, except where the employment is terminated. (See Entitlement to pay in lieu of holiday on termination)
• Workers who are denied their right to statutory paid annual holiday or payment in lieu of untaken holiday accrued on termination, may complain to an employment tribunal. (See Enforcement and remedies)