In the UK, there are a number of different types of holiday entitlement that workers are entitled to. The most common type of entitlement is statutory leave, which all employees are entitled to.
In this article, we will take a look at the different types of holiday entitlement that workers will be entitled to in 2023.
All employees in the UK are entitled to a minimum of 5.6 weeks’ statutory leave. This is made up of 4 weeks’ paid annual leave and 1.6 weeks’ paid public holiday entitlement. The amount of statutory leave that an employee is entitled to increases with length of service. For example, an employee who has been employed for 5 years or more is entitled to 8 weeks’ statutory leave.
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Statutory holiday entitlement is based on the amount of time an employee has worked for their employer, rather than the number of hours they have worked. This means that an employee who works part-time is entitled to the same amount of statutory leave as an employee who works full-time.
Statutory leave is not transferable, meaning that it cannot be carried over from one year to the next. If an employee does not take all of their statutory leave entitlement in a given year, they will lose it.
What is the minimum holiday entitlement for UK workers in 2023?
The minimum holiday entitlement for UK workers in 2023 is 28 days. This includes bank holidays and public holidays. However, some workers may be entitled to more than this depending on their contract of employment.
What are the conditions for accruing holiday entitlement?
In order to accrue holiday entitlement, a worker must have been employed for at least 1 week. They must also have worked at least 5 days in that week. Holiday entitlement will accrue on a pro-rata basis for part-time workers.
Can holiday entitlement be carried over to the next year?
Yes, holiday entitlement can be carried over to the next year if it is not used in the current year. However, it cannot be carried over for more than 12 months.
Are there any restrictions on taking holiday entitlement?
A worker can take their holiday entitlement at any time during the year, as long as they give their employer notice. They cannot take more than 4 weeks’ holiday entitlement in a row, unless their employer agrees to this.
What happens if a worker is on holiday when their contract ends?
If a worker is on holiday when their contract ends, they will still be entitled to their full holiday entitlement. This will be paid to them in either their final pay packet or in a separate payment.
How is holiday entitlement calculated for part-time employees?
Holiday entitlement for part-time employees is calculated on a pro-rata basis. This means that they will be entitled to the same number of days as full-time employees, but their entitlement will be worked out based on the number of hours they have worked.
Are off-payroll workers entitled to holiday pay?
Off-payroll workers are not automatically entitled to holiday pay. This depends on the terms and conditions of their contract. If they are not entitled to holiday pay, they may be able to claim it as a statutory right if they have worked for the same employer for at least 26 weeks.
Employee sickness during holiday
If an employee falls ill during their holiday, they will need to provide a doctor’s note to their employer. This will be used to determine whether the illness is covered by the employee’s sickness policy. If it is, the employee will be able to claim sick pay for the duration of their illness. If it is not, the employee will not be able to claim sick pay and will need to take unpaid leave.
Do bank holidays count towards holiday entitlement in the UK?
Yes, bank holidays count towards holiday entitlement in the UK. Bank holidays usually fall on a Monday or a Tuesday. Workers are usually given the day off work, although their employer can choose to give them a different day instead.
What records of holiday should an employer keep?
An employer should keep a record of all the holiday that their workers have taken. This should include the dates that they took leave and the reason why they were absent from work. Records should be kept for at least 3 years.
Holiday entitlement calculator
If you would like to calculate how much holiday entitlement you are entitled to, you can use the Gov.uk holiday entitlement calculator:
Bank holiday working rules
If you are required to work on a bank holiday, your employer must give you the same amount of pay and time off in lieu as they would if you worked on a normal day. You are also entitled to a paid break if you work more than 6 hours on a bank holiday.
When is an employer allowed to refuse holiday?
An employer is allowed to refuse holiday if it would cause serious disruption to their business. They must, however, give their workers as much notice as possible if they are going to refuse holiday.
What happens when an employee wants to make more holiday than they are entitled to?
If an employee wants to take more holiday than they are entitled to, their employer can refuse this. The employer must, however, give the employee as much notice as possible if they are going to refuse the leave.
Holiday pay rules in the UK
In the UK, holiday pay is usually paid in the form of a wage. This means that workers are paid their normal hourly rate for the hours they have worked, including any overtime. Holiday pay can also be paid as a bonus or in some other form, such as vouchers.
Can an employer refuse to give holiday pay?
An employer can refuse to give holiday pay if they have a policy in place that states that workers are not entitled to it. If this is the case, the employer must give their workers written notice of this policy.
What is the minimum amount of holiday pay an employer must give?
The minimum amount of holiday pay an employer must give is 5.6 weeks’ paid leave. This is equivalent to the statutory minimum of 28 days’ paid leave per year. Employers are not required to give more than this, although they may choose to do so.
What is the maximum amount of holiday pay an employer can give?
There is no maximum amount of holiday pay that an employer can give. They are free to give their workers as much paid leave as they want.
Does an employee accrue holiday while on maternity or paternity leave?
No, an employee does not accrue holiday while on maternity or paternity leave. This means that they are not entitled to any paid leave once they return to work. They will, however, be entitled to their usual allowance of holiday once they have completed their leave.
Do workers get paid for bank holidays?
Yes, workers in the UK are usually paid for bank holidays. This means that they are given the day off work, and they are also paid their usual hourly rate for the hours they have worked, including any overtime. Bank holiday pay can be given as a wage, a bonus, or in some other form.
Can an employer make workers work on a bank holiday?
An employer can make workers work on a bank holiday, but they must give them the same amount of pay and time off in lieu as they would if they worked on a normal day. Workers are also entitled to a paid break if they work more than 6 hours on a bank holiday.
Can an employer refuse to give workers bank holidays off?
An employer can refuse to give workers bank holidays off, but they must give them as much notice as possible if they are going to do this. If an employer does not give their workers any notice, they may be in breach of contract.
Do workers get paid more for working on a bank holiday?
Workers in the UK are usually paid their normal hourly rate for the hours they have worked, including any overtime, when working on a bank holiday. There is no higher rate of pay for working on a bank holiday.
Can an employer make an employee take annual leave instead of bank holidays?
Yes, an employer can make an employee take annual leave instead of bank holidays. This must, however, be agreed with the employee beforehand. If an employer does not have a policy in place stating that workers can take annual leave instead of bank holidays, they may be in breach of contract.
What should an employer do if they can’t afford to pay their workers for the holiday they have taken?
If an employer can’t afford to pay their workers for the holiday they have taken, they may choose to delay payment until a later date. They must, however, pay their workers at least the minimum wage for the hours they have worked. Alternatively, the employer could choose to give their workers unpaid leave instead.
What is the deadline for employers to pay holiday pay?
The deadline for employers to pay holiday pay is within 28 days of the end of the period in which the leave was taken. For example, if an employee took leave in October, the employer must pay them by November 28th.
Can an employer choose to give their workers holiday pay in lieu of wages?
An employer can choose to give their workers holiday pay in lieu of wages. This means that the workers will not be paid for the hours they have worked, but they will receive their normal hourly rate for the hours they have been on holiday. This option must be agreed to by the workers.
What is the difference between holiday pay and annual leave?
Annual leave is the number of days’ holiday that an employee is entitled to per year. Holiday pay is the amount of money that an employer pays their workers for the hours they have worked, including any overtime. In the UK, holiday pay must be at least 5.6 weeks’ wages. This is equivalent to the statutory minimum of 28 days’ paid leave per year.