Holidays and holiday pay

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If you are a part-time worker, a fixed term worker or a worker in your first year of employment, you are entitled to paid holiday in the same way as full-time workers. There is also no maximum age limit for qualifying for paid holidays. There are some groups of workers who are not entitled to paid holidays.</div> <bR> <div> <IMG BORDER="0" SRC="Symb075c00b7011866000000.gif" HEIGHT="19" WIDTH="24" ALIGN="bottom" HSPACE="0" VSPACE="0">If your contract of employment gives you less paid holiday than the law says you should have, you still have the right to amount of paid holiday the law gives you. So even if your employment contract says you are only entitled to two weeks' paid holiday a year, this does not take away your right to four weeks' paid holiday. You may be entitled to more than four weeks' paid holiday if your contract says so.</div> <bR> <bR> <div>  <A NAME="anc_whodoesnothavetherighttopaidholidays"><IMG BORDER="0" SRC="1x1.gif" HEIGHT="1" ALIGN="bottom" WIDTH="1" HSPACE="0" VSPACE="0" ></A>Who does not have the right to paid holidays</div> <div> If you are in one of the following groups of workers the law does not automatically give you the right to paid holiday. You will have to rely on your contract of employment for rights to holiday and holiday pay:-</div> <div> <IMG BORDER="0" SRC="Symb075c00b7011866000000.gif" HEIGHT="19" WIDTH="24" ALIGN="bottom" HSPACE="0" VSPACE="0">workers in air, rail, road and sea transport</div> <div> <IMG BORDER="0" SRC="Symb075c00b7011866000000.gif" HEIGHT="19" WIDTH="24" ALIGN="bottom" HSPACE="0" VSPACE="0">workers in inland waterway and lake transport</div> <div> <IMG BORDER="0" SRC="Symb075c00b7011866000000.gif" HEIGHT="19" WIDTH="24" ALIGN="bottom" HSPACE="0" VSPACE="0">workers in sea fishing</div> <div> <IMG BORDER="0" SRC="Symb075c00b7011866000000.gif" HEIGHT="19" WIDTH="24" ALIGN="bottom" HSPACE="0" VSPACE="0">workers engaged in offshore work in the oil and gas industries, such as workers on oil rigs in the North Sea</div> <div> <IMG BORDER="0" SRC="Symb075c00b7011866000000.gif" HEIGHT="19" WIDTH="24" ALIGN="bottom" HSPACE="0" VSPACE="0">trainee doctors</div> <div> <IMG BORDER="0" SRC="Symb075c00b7011866000000.gif" HEIGHT="19" WIDTH="24" ALIGN="bottom" HSPACE="0" VSPACE="0">members of the armed forces, police and civil protection services.</div> <div> If you are unsure about whether you count as a worker or whether your occupation qualifies for paid holiday, you should seek the help of an experienced adviser, for example, at a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by email, click on <U>nearest CAB</U> .</div> <bR> <div>  <A NAME="how_much_paid_holiday_can_you_take"><IMG BORDER="0" SRC="1x1.gif" HEIGHT="1" ALIGN="bottom" WIDTH="1" HSPACE="0" VSPACE="0" ></A>How much paid holiday can you take</div> <div> You are entitled to four weeks’ paid holiday each leave year. However, a week’s holiday means you get as many days off as you work in a normal working week. Because of this, the amount of paid holiday you get is equal to the number of days you work in four weeks. For example, if you work five days a week, you work twenty days in four weeks, so you get twenty days' paid holiday each leave year. If you work two days a week, you work eight days in four weeks so you get eight days’ paid holiday each leave year. Your contract of employment may give you more leave than this.</div> <bR> <div> If your normal working week is expressed in hours, your annual leave may be expressed in hours too. For example, if you work 24 hours a week you will get 96 hours' paid annual leave.</div> <bR> <div> If you work irregular hours, you get as many days off as you work in four average working weeks. To work out your average working week, add up all the hours you have worked over the past twelve weeks (or over the number of weeks you have worked if this is less than twelve), and then divide by twelve (or by the number of weeks you have worked).</div> <bR> <div> What is a leave year</div> <div> A leave year is a one-year period in which you get your year’s worth of leave. Your employer will usually agree the start and end of the leave year with you. Some leave years start on 1 January and finish on 31 December. Others start on 6 April and finish on 5 April the following year.</div> <bR> <div> If you and your employer have not agreed when the leave year should start and finish, the leave year will start on:-</div> <div> <IMG BORDER="0" SRC="Symb075c00b7011866000000.gif" HEIGHT="19" WIDTH="24" ALIGN="bottom" HSPACE="0" VSPACE="0">1 October (23 November in Northern Ireland), if you started work with your employer on or before 1 October 1998 (23 November 1998 in Northern Ireland). Each leave year after this will start on the following 1 October (23 November in Northern Ireland); or</div> <div> <IMG BORDER="0" SRC="Symb075c00b7011866000000.gif" HEIGHT="19" WIDTH="24" ALIGN="bottom" HSPACE="0" VSPACE="0">the date you started work for your employer, if you started work after 1 October 1998 (23 November 1998 in Northern Ireland). Each leave year after this will start on the anniversary of the date on which you started work.</div> <bR> <div> If you start work partway through your leave year, the amount of leave you get depends on how much of the leave year you work. For example, if you start work in April in a company where the leave year starts on 1 October, you have started half way through the leave year. You will therefore get half the annual paid leave for that year. There are special rules if you are in your first year of employment.</div> <bR> <div> If you are not sure how much holiday you are entitled to, you should seek the help of an experienced adviser, for example, at a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by email, click on <U>nearest CAB</U> .</div> <bR> <div> Bank and public holidays</div> <div> You do not have an automatic right to take bank or public holidays off work, with or without pay.</div> <bR> <div> If your employer gives you bank or public holidays off and pays you for them, they will count towards your four weeks' holiday unless your employment contract says that you get bank/public holidays on top of the holiday the law gives you. For example, if you work five days a week and you get eight paid bank holidays off each year, these are taken off the 20 days' holiday the law gives you.</div> <div> For more information on bank and public holidays, see <U>Bank and public holidays</U> .</div> <bR> <bR> <div>  <A NAME="anc_whatyourcontract"><IMG BORDER="0" SRC="1x1.gif" HEIGHT="1" ALIGN="bottom" WIDTH="1" HSPACE="0" VSPACE="0" ></A>What your contract must say about holidays</div> <div> If you are an employee you are entitled to a written statement of your terms and conditions of employment as long as you have worked for your employer for one month. You are an employee if you have a contract of employment. Many employers do not give their employees a written statement of the main terms and conditions of the job even though the law says they have to. If your employer does not give you the written statement within two months of the date on which you started work, they will be breaking the law.</div> <bR> <div> The written statement must contain information on your right to holidays, including public holidays and holiday pay. Your employer must give you enough information to work out your entitlement to holidays and holiday pay, and your right to any holiday pay you may have built up when you leave your job.</div> <bR> <div> Many employers do not give their employees a written statement of the main terms and conditions of the job even though the law says they have to. If you do not have a copy of your written terms and conditions, you should seek the help of an experienced adviser, for example, at a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by email, click on <U>nearest CAB</U> .</div> <bR> <div>  <A NAME="how_much_holiday_pay_should_you_get"><IMG BORDER="0" SRC="1x1.gif" HEIGHT="1" ALIGN="bottom" WIDTH="1" HSPACE="0" VSPACE="0" ></A>How much holiday pay should you get</div> <div> Your employer will pay your holiday pay at the same rate as your normal week's pay for each week of leave. You may get a higher rate of holiday pay if your contract gives you the right to a higher rate.</div> <div> A normal week's pay is either:-</div> <div> <IMG BORDER="0" SRC="Symb075c00b7011866000000.gif" HEIGHT="19" WIDTH="24" ALIGN="bottom" HSPACE="0" VSPACE="0">if you work regular hours, your earnings for a normal working week, after tax and national insurance contributions have been deducted; or</div> <div> <IMG BORDER="0" SRC="Symb075c00b7011866000000.gif" HEIGHT="19" WIDTH="24" ALIGN="bottom" HSPACE="0" VSPACE="0">if your working hours vary from week to week, your average hourly rate of pay, after tax and national insurance have been deducted, multiplied by your average weekly working hours over the previous twelve weeks. If you have not yet worked twelve weeks, you should work out your average pay over the period you have worked.</div> <bR> <div> Your employer may say your hourly rate of pay includes an amount for holiday pay, and that they expect you to save this part of your pay to cover your holidays. If your hourly rate of pay is meant to include an amount for holiday pay, your employer has to agree this with you.</div> <bR> <div> If you think your hourly rate of pay may, or is meant to, include holiday pay, you should contact an experienced adviser, for example, at a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by email, click on <U>nearest CAB</U> .</div> <bR> <bR> <div>  <A NAME="anc_yourrighttopaidholidayfromthe"><IMG BORDER="0" SRC="1x1.gif" HEIGHT="1" ALIGN="bottom" WIDTH="1" HSPACE="0" VSPACE="0" ></A>Your right to paid holiday from the day you start work</div> <div> If you are a worker who has the right to paid holiday you have this right from your first day of employment. However, this does not mean you can take four weeks’ paid leave on your first day of work. The law says how your paid holiday builds up in your first year of work.</div> <bR> <div> How does your paid holiday build up in your first year of work, if you started after 25 October 2001 (14 April 2002 in Northern Ireland)</div> <bR> <div> If you started work after 25 October 2001 (14 April 2002 in Northern Ireland), the amount of leave you can take in your first year of work builds up over the year. The amount of leave you can take builds up monthly in advance at the rate of one twelfth of your yearly leave each month. If this does not give you an exact number of days leave, your leave is rounded up to the nearest half day. Your employer will deduct any leave you have already taken from the leave you have built up.</div> <bR> <div> For example, if you work full time and have worked for three months, you will have built up five days' leave. Your annual leave is four weeks x five days = 20 days. Your leave after three months is three twelfths of this, because you have worked for three of the twelve months in the year. Three twelfths of 20 is five, so you have built up five days' annual leave.</div> <bR> <div> How to work out your paid holiday if you started work on or before 25 October 2001 (14 April 2002 in Northern Ireland)</div> <bR> <div> If you started work on or before 25 October 2001 (14 April 2002 in Northern Ireland) you are entitled to four weeks' paid leave for each leave year but there are no legal rules about how your holiday builds up.</div> <bR> <div> If you want to know how your holiday builds up and how much paid holiday you can have, you should contact an experienced adviser, for example, at a Citizens Advice Bureau To search for details of your nearest CAB, including those that can give advice by email, click on <U>nearest CAB</U> .</div> <bR> <div>  <A NAME="can_you_choose_when_to_take_holidayyou_c"><IMG BORDER="0" SRC="1x1.gif" HEIGHT="1" ALIGN="bottom" WIDTH="1" HSPACE="0" VSPACE="0" ></A>Can you choose when to take holiday</div> <div> You can ask to take your holiday whenever you choose, as long as you give your employer the right notice and take into account certain agreements between you and your employer. However, an employer has the right to refuse your request to take holiday, as long as they give you the right notice and take account of certain agreements between you.</div> <bR> <div> Your employer can order you to take all or any of your holiday at a particular time, as long as they give you the right notice and take into account certain agreements between you.</div> <bR> <div> The law does not put any limit on the amount of holiday you can take at any one time. This means you are not entitled to take two weeks of holiday at once, unless your agreement or employment contract says you can. This means that as long as an employer gives their employee the right notice, they could make you take your holiday as they choose, for example, take every Friday as leave until you have used up all of your holiday.</div> <bR> <div> If you are not sure whether or not an agreement between you and your employer affects your holiday rights, you should seek the help of an experienced adviser, for example, at a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by email, click on <U>nearest CAB</U> .</div> <bR> <div>  <A NAME="anc_whatnoticemustbegivenbeforeyoutakeho"><IMG BORDER="0" SRC="1x1.gif" HEIGHT="1" ALIGN="bottom" WIDTH="1" HSPACE="0" VSPACE="0" ></A>What notice must be given before you take holiday</div> <div> If you have not got an agreement with your employer about how much notice you have to give before you can take holiday the following rules apply:-</div> <div> <IMG BORDER="0" SRC="Symb075c00b7011866000000.gif" HEIGHT="19" WIDTH="24" ALIGN="bottom" HSPACE="0" VSPACE="0">Your employer can make you take all or any of your holiday at a particular time, as long as they give you notice. This notice must be at least twice as long as the holiday they want you to take. For example, if your employer wants to have a Christmas shutdown for one week, they have to give you notice of the date the holiday is to start at least two weeks before it starts.</div> <div> <IMG BORDER="0" SRC="Symb075c00b7011866000000.gif" HEIGHT="19" WIDTH="24" ALIGN="bottom" HSPACE="0" VSPACE="0">You must give notice to your employer when you want to take holiday. This notice must be at least twice as long as the holiday you want to take. For example, if you want to take three days’ leave, you must give your employer notice of this at least six days before your holiday is due to start.</div> <bR> <div> Your employer can refuse to let you take holiday. To do this they must give you notice equal to the holiday you want to take. So if you have asked to take two weeks’ holiday and have told your employer four weeks before the date you want your holiday to start, your employer must tell you two weeks before your holiday is due to start that you cannot take the holiday.</div> <bR> <div>  <A NAME="your_employer_refuses_to_let_you_take_ho"><IMG BORDER="0" SRC="1x1.gif" HEIGHT="1" ALIGN="bottom" WIDTH="1" HSPACE="0" VSPACE="0" ></A>If your employer is refusing to let you take holiday at a particular time, you should seek the advice of an experienced adviser as soon as possible, for example, at a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by email, click on <U>nearest CAB</U> .</div> <bR> <div>  <A NAME="anc_youremployerrefusestoletyoutakeholid"><IMG BORDER="0" SRC="1x1.gif" HEIGHT="1" ALIGN="bottom" WIDTH="1" HSPACE="0" VSPACE="0" ></A>Your employer refuses to let you take holiday</div> <div> If your employer refuses to let you take any holiday, you can complain to an employment tribunal. You must do this within three months of your employer's refusal. You can ask the tribunal to enforce your right to take holiday.</div> <bR> <div> If your employer refuses to let you to take holiday, you should seek advice from an experienced adviser, for example, a Citizens Advice Bureau. You should contact a CAB as soon as possible, as there is a time limit for making claims to employment tribunals To search for details of your nearest CAB, including those that can give advice by email, click on <U>nearest CAB</U> .</div> <bR> <div> If you have given your employer the right notice of holiday, you are generally entitled to take it. However, under certain kinds of agreement between you and your employer, they can refuse your request for holiday. They can also refuse your request for holiday if they have given you the proper notice of their refusal. </div> <bR> <div> However. if your employer has not given you proper notice of refusal but still refuses to let you go on holiday, you can claim compensation at an employment tribunal.</div> <div> If your employer refuses your to take holiday at a particular time, you should seek the help of an experienced adviser, for example, at a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by email, click on <U>nearest CAB</U> .</div> <bR> <div>  <A NAME="anc_untakenholiday"><IMG BORDER="0" SRC="1x1.gif" HEIGHT="1" ALIGN="bottom" WIDTH="1" HSPACE="0" VSPACE="0" ></A>Untaken holiday</div> <div> If you cannot use up all of your four weeks' holiday in one leave year, you cannot carry it over to the next leave year. The law does not let your employer pay you for holiday you have lost because you have not been able to take those days off.</div> <div> If your job contract gives you holiday on top of the holiday the law gives you, you may be able to carry over some of the holiday your contract gives you to the next leave year if your job contract lets you. If your job contract gives you holiday on top of the holiday the law gives you, it may also say you can have pay instead of any of this extra holiday that you have not taken.</div> <bR> <div> If you cannot use up all your four week's paid holiday because your employer will not let you take the holiday before the leave year ends, you should seek the help of an experienced adviser, for example, at a Citizens Advice Bureau. . To search for details of your nearest CAB, including those that can give advice by email, click on <U>nearest CAB</U> .</div> <bR> <div>  <A NAME="anc_youaresickwhileonholiday"><IMG BORDER="0" SRC="1x1.gif" HEIGHT="1" ALIGN="bottom" WIDTH="1" HSPACE="0" VSPACE="0" ></A>You are sick while on holiday</div> <div> The rules about how you are treated if you are sick when you are meant to be on holiday are complicated. You should seek the help of an experienced adviser.</div> <div> What happens to your holiday if you are on long-term sick leave</div> <bR> <div> If you are on long-term sick leave you continue to build up holiday while you are off sick. This is the case even if you are off sick for the whole of the leave year. However, you can only claim pay for the holiday the law gives you if you give your employer the right notice that you want to take holiday, and if you actually take the holiday. In other words, you must treat part of the time you are off work as time on holiday rather than time off sick.</div> <bR> <div> If you are sick when you are meant to be on holiday you should seek the help of an experienced adviser, for example, at a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by email, click on <U>nearest CAB</U> .</div> <bR> <div>  <A NAME="anc_holidaysandmaternityparentalleave"><IMG BORDER="0" SRC="1x1.gif" HEIGHT="1" ALIGN="bottom" WIDTH="1" HSPACE="0" VSPACE="0" ></A>Holidays and maternity/parental leave</div> <div> Most women employees have the right to 18 weeks’ maternity leave. In this 18-week period, all of the terms in your job contract stay in force, apart from terms to do with pay. This means that you will be have the right to your holidays in the same way as if you were at work, and that you will have your usual holiday rights.</div> <bR> <div> The rules on building up holiday while you are on maternity or parental leave are complicated and you should seek the help of an experienced adviser, for example, at a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by email, click on <U>nearest CAB</U> .</div> <bR> <div>  <A NAME="anc_seasonalworkers"><IMG BORDER="0" SRC="1x1.gif" HEIGHT="1" ALIGN="bottom" WIDTH="1" HSPACE="0" VSPACE="0" ></A>Seasonal workers</div> <div> Some workers, for example, seasonal workers, have contracts, which say they only work for part of the year. For example, your contract may run for 42 weeks out of 52, and your employer tell you to take unpaid leave for the remaining ten weeks before you start working for them again. In this situation your holiday rights depend on whether you have a contract of employment or not, and whether it continues during the time you are not working.</div> <bR> <div> The rules on working out your holiday if you do not work for the whole year are complicated and you should seek the help of an experienced adviser, for example, at a Citizens Advice Bureau. . To search for details of your nearest CAB, including those that can give advice by email, click on <U>nearest CAB</U> .</div> <bR> <div>  <A NAME="anc_leavingyourjob"><IMG BORDER="0" SRC="1x1.gif" HEIGHT="1" ALIGN="bottom" WIDTH="1" HSPACE="0" VSPACE="0" ></A>Leaving your job</div> <div> If you have not been able to take all the holiday you have built up before your job ends, you have the right to pay instead of the untaken holiday. Your employer should pay you for all the holiday you have built up. If you have an agreement with your employer, which says how much pay you will get instead of untaken holiday, you may get the amount in this agreement. If your agreement with your employer does not say how much pay you should get, the rules on how much pay you should get for untaken holiday are complicated and you should seek further advice.</div> <bR> <div> If your employer refuses to pay you for untaken holiday</div> <div> Your employer may refuse to pay you for untaken holiday if you are leaving or have left your job. If you are in this situation you can enforce your right to pay for untaken holiday at an employment tribunal.</div> <bR> <div> If you are in this situation, you should seek the help of an experienced adviser, for example, at a Citizens Advice Bureau. You should contact a CAB as soon as possible, as there is a time limit for making claims to employment tribunals. . To search for details of your nearest CAB, including those that can give advice by email, click on <U>nearest CAB</U> .</div> <bR> <div> If you owe holiday when you leave your job</div> <div> If you have taken holiday you were not entitled to and you leave your job, your employer can sometimes make a deduction from your final pay for holiday you owe. The law in this area is complicated and you should seek further advice.</div> <div> If an employer is claiming you owe them for unearned holiday, you should seek the help of an experienced adviser, for example, at a Citizens Advice Bureau. . To search for details of your nearest CAB, including those that can give advice by email, click on <U>nearest CAB</U> .</div> <bR> <div>  <A NAME="anc_holidaypayifyouremployerbecomesinsol"><IMG BORDER="0" SRC="1x1.gif" HEIGHT="1" ALIGN="bottom" WIDTH="1" HSPACE="0" VSPACE="0" ></A>Holiday pay if your employer becomes insolvent</div> <div> If your employer becomes insolvent, you may be able to claim money owed from the National Insurance Fund. You can claim up to six weeks’ holiday pay. This may be for holidays you have taken but have not yet been paid for, or for holiday pay you have built up.</div> <bR> <div> If you are in this situation you should seek the help of an experienced adviser, for example, at a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by email, click on <U>nearest CAB</U> .</div> <bR> </td> </tr></table></body>