What is Your Holiday Entitlement?
Most workers are legally entitled to at least 5.6 weeks of paid annual leave each year.
For someone working five days a week, this usually amounts to 28 days' paid holiday.
Your employment contract may provide more generous holiday entitlement than the statutory minimum.
Your entitlement may include:
- Annual leave
- Bank holidays
- Public holidays
- Other days when the workplace closes
There is no automatic legal requirement for bank holidays to be provided in addition to the statutory 5.6 weeks.
The statutory entitlement is capped at 28 days for someone working more than five days each week.
Who is Entitled to Paid Holiday?
Paid statutory holiday rights apply to people with worker status, including employees.
Depending on the arrangement, this can include:
- Full-time employees
- Part-time employees
- Temporary workers
- Casual workers
- Zero-hours workers
- Agency workers
- Irregular-hours workers
- Part-year workers
Someone described as self-employed may still have holiday rights if their true legal status is that of a worker.
Does Holiday Entitlement Start From Your First Day?
Yes.
Statutory annual leave begins to build up from the start of the working relationship.
You do not need to complete a minimum period of service before acquiring holiday rights.
Where you start or leave employment part-way through a holiday year, your entitlement will normally be calculated according to the relevant proportion of the leave year or the applicable statutory accrual rules.
What is a Holiday or Leave Year?
Employers will usually specify a period during which annual leave must be taken.
For example, the holiday year might run from:
- 1 January to 31 December
- 1 April to 31 March
- Another specified annual period
Your employer should make the holiday year clear in your contract, written statement, handbook or other workplace documentation.
If the employer has not established a leave year, statutory rules determine when it begins.
Can Your Contract Give You More Than 5.6 Weeks?
Yes.
The statutory 5.6 weeks is the minimum entitlement.
Your employer may provide additional contractual leave.
For example, your contract might provide:
- 25 days plus bank holidays
- 30 days including bank holidays
- Additional leave based on length of service
- Additional contractual days for particular roles
Different rules can sometimes apply to contractual holiday above the statutory minimum, particularly in relation to carry-over and payment.
What is the Holiday Entitlement for Part-Time Workers?
Part-time workers are also entitled to 5.6 weeks of paid annual leave.
However, the number of days or hours this represents will reflect their normal working pattern.
For example, someone who works three days each week would normally receive:
3 × 5.6 = 16.8 days' statutory annual leave
Part-time workers should not be treated less favourably merely because they work fewer days or hours.
What if You Work Irregular Hours?
Special rules apply to irregular-hours workers.
An irregular-hours worker is broadly someone whose paid hours in each pay period are wholly or mostly variable under the terms of their contract.
For leave years beginning on or after 1 April 2024, statutory holiday entitlement for irregular-hours workers generally accrues at:
12.07% of the hours worked in each pay period
The result is calculated and rounded in accordance with the statutory rules.
For example, if you work 100 hours during a pay period, your statutory leave accrual would generally be approximately:
100 × 12.07% = 12.07 hours
What is a Part-Year Worker?
A part-year worker is someone who is required under their contract to work only during part of the year and has periods of at least one week during which they are not required to work and are not paid for that period.
Examples can include some:
- Seasonal workers
- Term-time workers
- Education workers
- Agricultural workers
For leave years beginning on or after 1 April 2024, part-year workers generally accrue statutory holiday at 12.07% of hours worked in each pay period.
How is Holiday Pay Calculated?
How much you should receive when taking holiday depends on your working pattern and how you are normally paid.
For someone working regular hours for fixed pay, holiday pay will usually reflect their normal pay.
For example, if you normally receive £600 for a week's work, you should generally continue receiving £600 when taking a week's statutory holiday.
More complicated calculations can apply where your pay varies.
What if Your Pay Changes From Week to Week?
Where holiday pay needs to be calculated using average earnings, the current reference period is generally 52 paid weeks.
The old 12-week reference period is no longer the current rule.
If you have worked for your employer for fewer than 52 complete weeks, the employer will generally use the number of complete weeks available.
When calculating the reference period, certain weeks where you received no pay or only particular statutory payments may need to be replaced with earlier paid weeks.
The employer can generally look back up to 104 weeks where necessary to identify 52 relevant paid weeks.
Does Holiday Pay Include Overtime?
Potentially.
Regular overtime payments can form part of holiday pay calculations.
For at least part of your statutory holiday entitlement, "normal remuneration" can include payments that are regularly received in connection with your work.
This may include:
- Regular overtime
- Commission
- Payments linked to contractual duties
- Payments connected with seniority
- Payments linked to length of service
- Certain professional qualification payments
Whether a particular payment must be included will depend on how it operates in practice.
Does Commission Have to Be Included in Holiday Pay?
Potentially, yes.
Where commission is intrinsically linked to the work you are required to perform, it can form part of your normal holiday pay.
The purpose is to ensure that workers are not financially discouraged from taking statutory annual leave simply because they lose payments that ordinarily form part of their remuneration.
Does Every Week of Holiday Have to Be Paid at Exactly the Same Rate?
For many regular-hours workers, the statutory 5.6 weeks is legally divided into two components.
At least 4 weeks should generally be paid using the applicable normal remuneration rules.
The remaining 1.6 weeks can generally be paid using the applicable basic-pay rules.
Employers can choose to use the more generous normal-remuneration approach for the full 5.6 weeks.
Different rules apply to qualifying irregular-hours and part-year workers.
What Holiday Pay Applies to Irregular-Hours and Part-Year Workers?
For qualifying irregular-hours and part-year workers, statutory holiday pay is based on normal remuneration.
Where the employer pays holiday when leave is actually taken, the calculation can use the worker's average pay over the relevant 52-week reference period.
Alternatively, qualifying employers may use rolled-up holiday pay.
What is Rolled-Up Holiday Pay?
Rolled-up holiday pay means paying an additional amount alongside normal wages rather than making a separate holiday payment when the worker later takes leave.
Since the reforms applying to leave years beginning on or after 1 April 2024, employers can use rolled-up holiday pay for:
- Irregular-hours workers
- Part-year workers
It should generally be calculated at 12.07% of total pay for the relevant pay period where the statutory minimum entitlement applies.
The holiday pay should be clearly shown separately on the worker's payslip.
Can Rolled-Up Holiday Pay Be Used for Everyone?
No.
Rolled-up holiday pay is not generally permitted for ordinary regular-hours workers.
The specific statutory option applies to qualifying:
- Irregular-hours workers
- Part-year workers
Regular-hours workers should normally receive holiday pay when they actually take their annual leave.
Do You Still Take Holiday if You Receive Rolled-Up Holiday Pay?
Yes.
Rolled-up holiday pay changes the way holiday pay is paid.
It does not remove the right to take time away from work.
Employers must still enable workers to take their statutory annual leave.
Can You Choose When to Take Your Holiday?
You can request particular holiday dates, but you do not have an absolute right to take annual leave whenever you choose.
Your employer can consider matters such as:
- Staffing levels
- Business demand
- Existing bookings
- Seasonal pressures
- Operational requirements
Your contract or holiday policy may also contain rules about:
- Booking leave
- Maximum periods of leave
- Restricted periods
- Busy seasons
- Christmas closures
However, your employer must still allow you a reasonable opportunity to take your statutory annual leave.
How Much Notice Must You Give When Requesting Holiday?
Unless your contract or another relevant agreement provides a different rule, you should generally give notice of at least twice the length of the holiday you want to take.
For example:
- For 1 day's leave, normally at least 2 days' notice
- For 5 days' leave, normally at least 10 days' notice
- For 10 days' leave, normally at least 20 days' notice
Many employers require longer notice through their internal holiday policy.
Can Your Employer Refuse a Holiday Request?
Yes.
An employer may refuse a particular holiday request where there is a genuine business reason.
For example, this might arise because:
- Too many employees are already absent
- The business is exceptionally busy
- Particular staffing levels are required
- Important work must be completed
The employer can control when leave is taken.
However, it cannot simply prevent workers from taking their statutory entitlement altogether.
Can Your Employer Cancel Holiday That Has Already Been Approved?
Potentially.
An employer can cancel or refuse approved annual leave if it gives the required notice and otherwise complies with the applicable contractual and statutory rules.
The employer should normally have a proper business reason for doing so.
Cancelling leave at short notice can cause substantial practical and financial difficulties, particularly where you have already paid for:
- Flights
- Hotels
- Travel
- Events
- Other bookings
Employers should therefore approach cancellation reasonably.
How Much Notice Must an Employer Give to Cancel Holiday?
Unless another valid agreement applies, an employer cancelling or refusing a period of holiday should generally give advance notice at least equivalent to the period of leave concerned.
For example, if you have booked seven days' holiday, the employer would normally need to notify you sufficiently in advance in accordance with the statutory notice rules.
Your contract or workplace policy may provide additional protection.
Does Your Employer Have to Reimburse You if It Cancels Your Holiday?
There is no general automatic statutory right requiring an employer to reimburse every cancellation cost.
However, the position can depend on:
- Your contract
- Employer policies
- What representations were made
- Why the leave was cancelled
- Whether the employer acted in breach of contract
Some employers voluntarily reimburse reasonable losses caused by cancelling previously approved leave.
An unreasonable cancellation could also become relevant to wider contractual issues, but it would not automatically amount to constructive dismissal simply because financial loss resulted.
Can an Employer Require You to Take Holiday?
Yes.
An employer can require workers to take annual leave at particular times.
This is common where:
- The workplace closes over Christmas
- The organisation has a seasonal shutdown
- Particular bank holidays are treated as annual leave
- The employee is working their notice period
The employer must normally give appropriate advance notice.
Unless another agreement applies, the notice should generally be at least twice the length of the leave the employer requires you to take.
Can Your Employer Make You Take Holiday While You Are Sick?
An employer should not force you to use annual leave merely because you are off sick.
However, you can choose to request annual leave while you remain on sick leave.
This may sometimes be useful if, for example, you:
- Are physically able to travel but not fit for your normal work
- Want to receive holiday pay instead of sick pay
- Need a period away from home
The normal holiday-request procedure will still apply.
What if You Become Ill During Your Holiday?
If you become genuinely ill while taking annual leave, you may be able to treat the affected period as sickness absence instead.
This can allow you to preserve the holiday and take it at another time.
You should comply with your employer's normal sickness reporting requirements.
This may involve:
- Reporting the illness promptly
- Providing appropriate medical evidence where required
- Following the employer's sickness policy
The affected holiday may then be available to use later, subject to the relevant rules.
Does Holiday Continue to Accrue While You Are Off Sick?
Yes.
Statutory holiday entitlement continues to accrue while you are absent because of sickness or injury.
This applies even during long-term sickness absence.
Can You Carry Holiday Over Because of Long-Term Sickness?
Yes.
Where a regular-hours worker cannot use their statutory holiday because of long-term sickness, they can generally carry over up to 4 weeks of statutory leave.
That carried-over holiday will generally need to be used within 18 months from the end of the leave year in which it accrued.
An employer can provide more generous rights.
Different statutory rules apply to qualifying irregular-hours and part-year workers.
Does Holiday Accrue During Maternity Leave?
Yes.
Statutory annual leave continues to accrue throughout maternity leave.
The same principle applies to various other forms of statutory family-related leave.
Depending on eligibility, this can include:
- Maternity leave
- Paternity leave
- Adoption leave
- Shared parental leave
- Ordinary parental leave
- Parental bereavement leave
- Carer's leave
- Neonatal care leave
- Bereaved partner's paternity leave
Annual leave and statutory family leave generally cannot be taken at exactly the same time.
Can You Carry Holiday Over After Maternity Leave?
Yes.
If you cannot take your statutory holiday because you are on maternity or another qualifying statutory leave, your employer must allow relevant untaken statutory leave to be carried into the next holiday year.
For someone entitled to the full statutory minimum, this can potentially involve the full 5.6 weeks where they could not take it because of the statutory leave.
Can You Normally Carry Holiday Into the Next Year?
This depends on the circumstances.
Your contract or another relevant agreement may allow some statutory leave to be carried forward.
For a regular five-day-a-week worker with the statutory 28-day entitlement, an agreement can commonly allow up to 8 days of the additional statutory leave to be carried into the following leave year.
Additional contractual holiday above the statutory minimum will normally be governed by the employment contract.
Does "Use It or Lose It" Always Apply?
No.
An employer cannot necessarily rely on a "use it or lose it" rule simply because it appears in a policy.
Employers have obligations to ensure workers have a reasonable opportunity to take statutory holiday.
Where an employer:
- Does not allow the worker to take the leave
- Does not encourage the worker to take it
- Does not make clear that untaken leave will be lost
the worker may be legally entitled to carry some statutory leave forward.
For regular-hours workers, this can generally involve up to 4 weeks of statutory holiday.
What Are the Carry-Over Rules for Irregular-Hours and Part-Year Workers?
Different rules apply to qualifying irregular-hours and part-year workers.
Where an employer fails to:
- Give a reasonable opportunity to take holiday
- Encourage the worker to take holiday
- Warn that unused leave will otherwise be lost
the worker may be able to carry over up to 5.6 weeks of accrued statutory holiday.
Special carry-over provisions also apply where the worker cannot take holiday because of:
- Sickness
- Statutory family-related leave
The precise entitlement will depend on the circumstances.
Are Bank Holidays Automatically Paid Days Off?
No.
There is no general statutory right to have a bank or public holiday off work.
Whether you have the day off will depend on:
- Your employment contract
- Your employer's holiday policy
- Your working arrangements
An employer can count bank holidays towards your statutory 5.6-week annual leave entitlement.
Are You Entitled to Extra Pay for Working a Bank Holiday?
There is no general statutory right to:
- Double pay
- Time-and-a-half
- Another enhanced rate
simply because you work on a bank holiday.
Any enhanced payment will usually depend on:
- Your employment contract
- A collective agreement
- Employer policy
- Established contractual practice
Can Part-Time Workers Be Treated Differently Because of Bank Holidays?
Part-time workers should not be treated less favourably simply because of their part-time status.
Problems can sometimes arise where an employer closes on bank holidays and bank holidays disproportionately fall on days when particular part-time employees normally work.
Holiday entitlement should therefore be calculated fairly according to the employee's working pattern and applicable statutory rules.
Can You Receive Payment Instead of Taking Holiday?
You cannot normally exchange your statutory annual leave for payment while employment continues.
The purpose of statutory holiday is to provide genuine rest away from work.
Payment in lieu of statutory leave is generally permitted when the working relationship ends.
Different contractual rules may apply to holiday provided above the statutory minimum.
What Happens to Untaken Holiday When You Leave Your Job?
When employment ends, you must normally be paid for statutory holiday that you have:
- Accrued
- Not yet taken
This is known as payment in lieu of accrued holiday.
The calculation will depend on:
- Your leave entitlement
- How much of the leave year has passed
- Holiday already taken
- Your normal working pattern
- Applicable holiday-pay rules
The payment should normally be included in your final pay.
Can You Take Holiday During Your Notice Period?
Potentially.
You can ask to take accrued holiday during your notice period in the usual way.
Your employer can:
- Approve the request
- Refuse the requested dates for a legitimate reason
- Require you to take accrued holiday by giving appropriate notice
Any outstanding accrued statutory holiday remaining when employment ends must generally be paid to you.
For further guidance, see Notice.
Can You Take Holiday During Garden Leave?
Potentially.
Whether holiday is treated as being taken during garden leave depends on the employer complying with the holiday rules and giving appropriate notice.
Garden leave does not automatically eliminate accrued annual leave.
The contract should also be checked carefully.
What if You Have Taken Too Much Holiday When You Leave?
It is possible that you will have taken more annual leave than you had accrued by your leaving date.
Your employer cannot automatically deduct the value of excess holiday from your final wages.
The deduction should normally have been authorised in advance through:
- Your employment contract
- A relevant written agreement
- Another legally valid written authorisation
Without appropriate authority, the deduction could potentially amount to an unlawful deduction from wages.
Does Working Overtime Increase Your Holiday Entitlement?
For a regular-hours worker, simply working additional overtime does not normally increase the statutory 5.6-week entitlement.
However, regular overtime can affect the amount of holiday pay you should receive.
For qualifying irregular-hours or part-year workers, actual hours worked are relevant to statutory holiday accrual because entitlement is generally calculated at 12.07% of hours worked.
What if Your Employer Refuses to Pay Holiday Pay?
Workers have a statutory right to paid annual leave.
An employer should not:
- Treat statutory holiday as automatically unpaid
- Prevent workers from taking statutory leave
- Pay less than the applicable statutory holiday-pay rate
If you believe holiday pay is missing or incorrect, you can:
- Check your payslips
- Review your contract
- Ask how the calculation was made
- Raise the matter with payroll or HR
- Raise a formal grievance
- Consider Acas Early Conciliation
- Consider an Employment Tribunal claim
For further guidance, see Grievance at Work.
What if Your Employer Never Allowed You to Take Paid Holiday?
The legal position can be particularly serious where an employer:
- Incorrectly treated you as self-employed
- Did not recognise your worker status
- Refused to provide paid leave
- Failed to tell you about your holiday rights
- Failed to encourage you to take statutory leave
In certain circumstances, statutory holiday can carry forward rather than being automatically lost at the end of each leave year.
The amount potentially recoverable will depend on the legal basis of the claim and the particular facts.
How Far Back Can You Claim Unpaid Holiday Pay?
Holiday pay disputes can arise as unlawful deduction from wages claims.
As at 10 September 2026, where there is a single underpayment, the usual Employment Tribunal deadline is generally three months minus one day from the deduction.
Where there is a qualifying series of linked deductions, the deadline generally runs from the most recent deduction.
The statutory framework generally limits recovery for a series of unlawful deductions to a period of two years before the claim is presented.
However, holiday claims can involve different statutory rights and complicated questions about carry-over, worker status and the basis of the claim.
You should therefore not assume that every historic holiday claim is automatically limited in exactly the same way.
Are Employment Tribunal Time Limits Changing?
Yes.
As at 10 September 2026, most relevant Employment Tribunal claims still generally have a deadline of three months minus one day.
From 1 October 2026, the general limitation period for most Employment Tribunal claims will increase to six months where the relevant statutory time limit starts on or after that date.
Before bringing most claims, you must normally notify Acas and begin Early Conciliation.
Early Conciliation can affect the calculation of the final Tribunal deadline.
An internal grievance does not normally stop the Tribunal clock.
Can Holiday Pay Be Claimed Through the Civil Courts?
The appropriate legal route depends on the nature of the claim.
Holiday-pay issues are commonly pursued in the Employment Tribunal under:
- Working Time Regulations
- Unlawful deduction from wages provisions
Contractual issues may sometimes also arise.
The applicable:
- Jurisdiction
- Limitation period
- Remedies
- Costs rules
can differ depending on which route is used.
Do Employers Have to Keep Holiday Records?
Yes.
From 6 April 2026, employers are required to keep more detailed records relating to statutory annual leave and holiday pay.
Records should include matters such as:
- Holiday taken
- Holiday carried over
- Holiday pay
- Payments in lieu of untaken holiday
- Relevant components included in holiday pay
The records must generally be kept for at least six years from the date they are made.
This can become important where a later dispute arises about whether holiday rights were properly provided.
What if Your Employer Will Not Let You Take Your Full Holiday Entitlement?
An employer can control when annual leave is taken, but it should not prevent you from exercising the statutory right altogether.
If repeated requests are refused, you should consider:
- Keeping copies of each request
- Keeping copies of each refusal
- Asking when leave can be taken instead
- Asking the employer to confirm your remaining entitlement
- Raising the issue with HR
- Raising a formal grievance
The employer also has responsibilities to encourage workers to take statutory leave and make clear where unused leave could otherwise be lost.
Can You Cancel Holiday That Your Employer Has Already Approved?
There is no general statutory right allowing you to unilaterally cancel previously approved annual leave.
You can ask your employer to cancel or rearrange it.
Whether it agrees may depend on:
- Your contract
- The holiday policy
- Staffing arrangements
- Whether cover has already been organised
- The reason for your request
If you become sick during the planned leave, different sickness and holiday rules can apply.
Does Holiday Continue to Accrue During Other Absences?
Holiday entitlement can continue to accrue during qualifying periods away from work, including:
- Sickness absence
- Maternity leave
- Paternity leave
- Adoption leave
- Shared parental leave
- Ordinary parental leave
- Parental bereavement leave
- Carer's leave
- Neonatal care leave
- Bereaved partner's paternity leave
The rules governing when that holiday can be taken or carried forward depend on the type of absence.
Can Your Employer Offer Better Holiday Rights Than the Law Requires?
Yes.
Many employers provide contractual rights more generous than the statutory minimum.
This can include:
- Additional annual leave
- Extra bank holidays
- Birthday leave
- Long-service leave
- More generous carry-over
- Enhanced holiday pay
- Buying or selling additional contractual leave
The contract or policy should explain how additional entitlement operates.
When Should You Seek Professional Advice?
Advice may be particularly useful where:
- You have not been receiving paid holiday
- Your holiday pay appears too low
- Overtime or commission has been excluded
- You have been incorrectly treated as self-employed
- Your employer refuses to let you take statutory leave
- You have lost holiday during long-term sickness
- You have lost holiday during maternity or other statutory leave
- Your employer has cancelled important pre-booked leave
- Holiday pay has been deducted from your final salary
- You work irregular or part-year hours
- Rolled-up holiday pay is being used incorrectly
- Historic holiday pay is outstanding
- A Tribunal deadline may be approaching
Holiday entitlement and holiday pay rules can vary significantly according to working pattern, pay arrangements and the reason leave was not taken. Where substantial sums or historic entitlement are involved, the precise calculation should be checked carefully.