Holiday Entitlement: Your Rights to 5.6 Weeks of Paid Leave

Holiday entitlement is the most-searched employment right in the UK and the most quietly mishandled. The statutory floor, the calculations for every work pattern, and the edge cases - carry-over, sickness, leavers - below.

The statutory minimum, by work pattern

There is no statutory right to bank holidays off, and no right to extra pay for working them - the 8 bank holidays can lawfully sit inside your 28 days. Check the contract wording: 28 days plus bank holidays and 28 days including bank holidays are very different deals.

Who counts as a worker

The right covers employees, agency workers, zero-hours workers and most casual staff from day one - accrual starts with the first hour worked. The genuinely self-employed are outside it, but employment status follows reality, not labels: courier and platform-work litigation has repeatedly converted self-employed contractors into workers with backdated holiday pay claims.

Irregular hours: the 12.07% rules

For leave years starting on or after 1 April 2024, irregular-hours and part-year workers accrue holiday at 12.07% of hours worked in each pay period, and employers may use rolled-up holiday pay - a 12.07% uplift on each payslip instead of paid time off - provided it is itemised separately. Rolled-up pay remains unlawful for regular-hours workers.

Carry-over, sickness and leavers

• Default: statutory leave must be used in the leave year, and the first 4 weeks generally cannot be paid in lieu except on termination.
• Sickness: leave untaken because of sickness carries over for up to 18 months.
• Family leave: leave untaken because of maternity or other family leave carries into the next year in full.
• Leavers: accrued untaken statutory leave must be paid in the final payslip; a contract can require repayment for overtaken leave only if it says so expressly.
• Employer notice: an employer can require you to take leave on set dates by giving notice of at least twice the length of the leave, and can refuse a request with notice equal to the leave length.

Worked example: term-time teaching assistant

A term-time TA works 30 hours a week for 39 weeks: 1,170 hours a year. Statutory accrual is 12.07% of that - about 141 hours of paid holiday, paid at the average rate over the previous 52 worked weeks. Any school holiday pay arrangement must at least match that figure; several councils re-ran these numbers after the 2024 rules and found historic underpayment.

Related guides

This article provides general information only and is not legal or financial advice. Employment rights depend on your contract, employment status and circumstances. For advice on a specific situation, contact ACAS on 0300 123 1100 or a solicitor regulated by the SRA. Figures relate to the 2026/27 tax year and are verified against GOV.UK at the review date; always confirm current rates on GOV.UK before acting.

Frequently asked questions

How many days holiday am I entitled to by law?

5.6 weeks a year: 28 days if you work 5 days a week, pro rata for fewer days, capped at 28 days for those working 6 or more days a week.

Are bank holidays included in my 28 days?

They can be. There is no statutory right to bank holidays off - whether they sit inside or on top of your 28 days depends entirely on your contract.

Do zero-hours workers get holiday pay?

Yes - accrual at 12.07% of hours worked each pay period, and the employer may pay it as a separately itemised rolled-up amount on each payslip.

Can my employer tell me when to take holiday?

Yes, with notice at least twice the length of the leave required - this is how Christmas shutdowns work. They can also refuse requests with notice equal to the leave requested.

Can I be paid instead of taking holiday?

Only for leave above the 4-week core entitlement, or on leaving a job. Paying in lieu of the core 4 weeks during employment is unlawful.

What is holiday pay based on if my pay varies?

The average of your pay over the previous 52 weeks in which you were paid, skipping unpaid weeks, including regular overtime and commission.

Sources

• GOV.UK: Holiday entitlement
• GOV.UK: Calculate holiday entitlement
• ACAS: Checking holiday entitlement