Employment Law Topics – Statutory Holiday Entitlement

 

This page is meant to give business owners and managers some guidance around what is sometimes a confusing area – Statutory Holiday entitlement.

 

If you would rather call for immediate help or have a question relating to statutory holiday entitlements for your employees call us on 01543 308642 or email us at info@creamhr.com and we’ll try to answer your specific question.

 

There often seems to be quite a lot of confusion around statutory holiday entitlements, what it is and how it works.

In reality we think it’s pretty simple. If you employ permanent, full-time employees in the UK they are entitled to 28 days holiday per year. The 28 days INCLUDES Bank & Public Holidays, so if your business has Bank & Public holidays off as holiday that will account for 8 days and you have to give another 20 throughout the year.

If you employ part-time holidays the 28 days are pro-rated in the same way. For example if you employed someone to work four days per week, their holiday entitlement would be 22.4 days per year. How you work out the 0.4 is up to you, but many employers would simply round that up to 0.5 days for operational ease.

A few important things to note –

  • ·         All holiday must be taken in the holiday year it is accrued in
  • ·         You cannot “roll forward” untaken statutory holiday *
  • ·         You cannot “pay” untaken statutory holiday, unless it is paid following an employee’s departure from the business as a result of resignation or dismissal as part of their statutory contractual entitlements
  • ·         If someone has been away from work ill and has been unable to take holiday, their holiday continues to accrue whilst they are off sick and they will be entitled to take that holiday upon their return to work
  • ·         An employee who has been away from work for a long time who leaves your employment or who is dismissed will be entitled to be paid for any untaken, but accrued holiday.

 

* These rules apply to Statutory Holiday entitlement. If your business offers more holiday than you are required to offer under statute, then you are able to treat the additional holiday differently. HOWEVER, before you do, please check what is contained in your contracts of employment.

 

Employment Law is all about the application. Please call or email us to help us answer your questions.

 

DISCLAIMER – should you decide to use any of the information provided on this site without our expert guidance, you do so at your own risk.  

Almost every employment/employee related situation is unique and as such it is always wise to seek specific expert advice before undertaking any action.