Understanding Holiday Entitlement
Holiday entitlement refers to the amount of paid time off work that employees are legally entitled to each year. This entitlement is a crucial part of your employment rights, giving you the opportunity to rest, recharge, and balance your work and personal life. Ensuring employees receive proper paid holiday helps promote wellbeing, reduce stress, and maintain productivity in the workplace.
In the UK, your right to paid holiday is protected by law. The main legislation covering this area is the Working Time Regulations 1998, which sets out the minimum amount of paid annual leave that employers must provide. This is known as statutory annual leave entitlement.
Statutory annual leave gives most full-time employees at least 28 days of paid holiday per year. This includes the usual eight bank holidays, although employers can choose whether or not to include bank holidays as part of your entitlement. If you work part-time or irregular hours, your holiday entitlement is calculated on a pro-rata basis, meaning you receive a fair amount of paid leave based on the hours you work.
Holiday entitlement is just one aspect of your broader Leave Rights at work. Alongside annual leave, you may also have rights to other types of time off, such as sick leave, parental leave, or compassionate leave, depending on your circumstances and your employer’s policies.
Understanding your holiday entitlement is important so you can make sure you’re getting the time off you’re owed. If you’re unsure how your entitlement is calculated, or what happens if you change jobs or can’t take your holiday, this page will guide you through the key rules and practical steps. We’ll also explain what to do if you feel your holiday rights aren’t being respected by your employer, helping you to take informed action if needed.
How Much Holiday Are You Entitled To?
In the UK, your right to paid holiday is protected by law. The main rules are set out in the Working Time Regulations 1998. Here’s what you need to know about how much paid holiday you should get, whether you work full-time, part-time, or irregular hours.
If you are a full-time employee, you are legally entitled to a minimum of 28 days’ paid holiday per year. This entitlement is often described as 5.6 weeks of paid leave. Employers can choose to include the UK’s eight bank holidays as part of this 28-day entitlement, but they are not legally required to give you those days off on top of your basic holiday allowance.
Key points:
The minimum paid holiday for full-time workers is 28 days per year.
This includes bank holidays if your employer chooses to count them as part of your statutory leave.
If you work part-time, your holiday entitlement is calculated on a pro-rata basis. This means you are entitled to the same amount of holiday as a full-time worker, but proportionate to the number of days or hours you work.
Example for part-time workers: If you work three days a week, your statutory entitlement is:
3 days x 5.6 weeks = **16.8 days’ paid holiday per year**
If you work irregular hours or on a zero-hours contract, your holiday entitlement is usually calculated based on the number of hours you work. A common method is to accrue holiday at a rate of 12.07% of hours worked (because 5.6 weeks is 12.07% of a full year).
Example for irregular hours: If you work 100 hours over a period, you are entitled to:
100 hours x 12.07% = **12.07 hours of paid holiday**
Bank holidays do not have to be given as paid leave on top of your statutory entitlement. Your employer can decide whether to include bank holidays as part of your 28 days, or to give you those days in addition. This should be clearly set out in your employment contract.
For example:
If your employer includes bank holidays within your 28 days, taking a bank holiday off will count towards your annual leave.
If your employer gives bank holidays in addition to your 28 days, you would get 28 days plus the bank holidays.
Some employers offer more holiday than the legal minimum. This is known as contractual holiday entitlement. Your contract or staff handbook should clearly state if you are entitled to extra days.
For example:
Your contract might say you get 25 days’ holiday plus 8 bank holidays, giving you a total of 33 days’ paid leave.
Remember, your employer cannot give you less than the statutory minimum, but they can offer more if they choose.
**Check your contract:** Always check your employment contract or company handbook to see how your holiday entitlement is set out.
**Accrual during the year:** If you start or leave a job partway through the holiday year, your entitlement is usually calculated on a pro-rata basis.
**Public sector and specific industries:** Some sectors may have different arrangements, but the statutory minimum always applies.
**Taking unpaid leave:** Your employer cannot force you to take unpaid leave if you have statutory holiday remaining.
If you’re unsure about your holiday entitlement, speak to your employer or HR department for clarification. Your rights are protected by law, and you cannot be given less than the statutory minimum.
Calculating and Taking Your Holiday
Understanding how your holiday entitlement works is key to making the most of your paid leave. Here’s what you need to know about how holiday is calculated, when you can take it, and what happens if you don’t use it all.
In the UK, most full-time workers are legally entitled to at least 28 days of paid holiday per year. This is known as statutory annual leave and includes bank holidays if your employer counts them as part of your entitlement. If you work part-time, your holiday entitlement is calculated on a pro-rata basis, meaning you get a proportion of the 28 days based on the number of days or hours you work.
Holiday entitlement is usually accrued throughout the year. This means you earn a portion of your leave each month you work. For example, if your holiday year starts in January and you work full-time, by the end of March you will have accrued about 7 days of holiday (a quarter of your annual entitlement).
You generally need to give your employer notice before taking holiday. The notice period is usually at least twice as long as the amount of leave you want to take (for example, two weeks’ notice for one week’s holiday), unless your contract says otherwise. Employers can refuse a holiday request if there’s a valid business reason, but they must give you notice equal to the amount of leave requested.
Employers can also tell you when to take holiday, such as during a business shutdown, but they must give you appropriate notice. Always check your employment contract or staff handbook for specific rules in your workplace.
Many employers operate a ‘use it or lose it’ policy, meaning you must take your statutory annual leave within the holiday year or risk losing it. Employers are required by law to encourage you to take your holiday and cannot stop you from using your entitlement. However, there are some exceptions:
If you were unable to take your holiday due to illness, maternity, paternity, or adoption leave, you may be able to carry it over into the next holiday year.
Some employers allow you to carry over a limited amount of holiday (usually up to 8 days) if it’s written into your contract.
If you’re unsure about your employer’s policy, check your contract or speak to your HR department.
If you start or leave a job part-way through the holiday year, your holiday entitlement is calculated based on how much of the year you have worked. This is known as pro-rata entitlement. For example, if you leave a job after six months, you’re entitled to half of your annual leave.
If you leave a job and have unused holiday, your employer must pay you for any holiday you’ve accrued but not taken. If you have taken more holiday than you’ve accrued, your employer can ask you to repay the extra, usually by deducting it from your final pay.
By law, you must take your statutory holiday entitlement during the holiday year, but there are exceptions where you can carry over leave:
If you couldn’t take your holiday due to sickness, you can carry it over for up to 18 months after the end of the year in which it was due.
If you were on maternity, paternity, or adoption leave, you can usually carry over any untaken statutory leave.
Some employers allow you to carry over additional leave (beyond the statutory minimum), but this must be agreed in your contract.
Remember, your employer must make sure you have the chance to take your leave and cannot prevent you from doing so.
If you are off work due to sickness, you continue to accrue holiday as normal. You can choose to take holiday while off sick, or carry it over if you’re unable to use it during the current holiday year. The rules are similar if you’re on maternity, paternity, or adoption leave—your holiday entitlement continues to build up as if you were at work.
For more details on how illness affects your holiday rights, see our guide to Sick Leave & Sick Pay.
Knowing your rights around holiday entitlement helps you plan your time off and ensures you don’t miss out on your legal benefits. If you have concerns about how your holiday is calculated or taken, check your employment contract and speak to your employer or HR department for clarification.
Changing Jobs and Holiday Entitlement
When you change jobs, it’s important to understand how your holiday entitlement is affected. UK law sets out clear rules to protect your rights, whether you are leaving a job or starting a new one. Here’s what you need to know:
If you leave your job part way through the holiday year, you are entitled to be paid for any statutory holiday you have built up (accrued) but not taken. Under the Working Time Regulations 1998, full-time employees are entitled to a minimum of 28 days’ paid holiday per year (including bank holidays). If you have not used all your holiday by the time you leave, your employer must pay you for the untaken days.
Example: If you work full-time and leave your job after six months, you will have accrued about half of your annual entitlement—14 days. If you have only taken 10 days’ holiday, you should be paid for the remaining 4 days.
Your holiday pay is based on your usual pay rate. If your pay varies (for example, because you do shift work or have irregular hours), your holiday pay should be calculated based on your average weekly pay over the previous 52 weeks in which you were paid.
Employers will usually calculate your entitlement up to your leaving date, then deduct any holiday you have already taken. If you have taken more holiday than you have accrued, your employer can deduct the extra days from your final pay, as long as this is stated in your contract.
When you start a new job part way through your new employer’s holiday year, your holiday entitlement is calculated pro rata. This means you are entitled to a proportion of the annual holiday, based on how much of the holiday year is left.
Example: If you join in October and the holiday year runs from January to December, you would be entitled to about three months’ worth of holiday (roughly a quarter of the annual entitlement).
Your new employer should explain how your holiday is worked out and when you can take it. You do not carry over unused holiday from your previous employer; each employer is responsible for their own calculation.
It’s your responsibility to keep track of how much holiday you have taken and what you are owed, both when leaving and starting a job. It’s a good idea to keep records of your holiday requests, approvals, and any payments for untaken holiday. This can help if there are any disputes or confusion.
If you think your employer hasn’t paid you correctly for unused holiday, or if you are unsure about your entitlement, you have the right to ask for a breakdown of the calculation. If issues aren’t resolved, you may be able to make a claim to an employment tribunal.
Understanding your rights when changing jobs ensures you get the paid holiday you are entitled to and helps you plan your time off with confidence.
Your Employer’s Responsibilities
Your employer has clear legal duties when it comes to your holiday entitlement. These responsibilities are set out in the Working Time Regulations 1998, which apply to most workers and employees in the UK. Understanding what your employer must do can help you ensure your rights are respected.
By law, employers must give you at least the statutory minimum paid holiday each year. For most full-time workers, this means 5.6 weeks of paid holiday per year, which is usually 28 days. This can include the eight recognised bank holidays, but employers are not required to give extra days off for bank holidays unless your contract states otherwise.
If you work part-time, your holiday entitlement is calculated on a pro-rata basis. For example, if you work three days a week, you are entitled to 16.8 days’ paid holiday (3 x 5.6).
Employers are not allowed to offer less than the statutory minimum, even if you agree to it. Any contract that tries to give you fewer holidays than the legal minimum is not valid.
Employers must clearly explain your holiday entitlement and any rules about taking leave. This information should be provided in your written statement of employment or your employment contract. It should include:
How much holiday you get each year
How to request time off
Any rules about carrying over unused holiday
Any periods when holiday cannot be taken (for example, during busy times)
If your employer has a staff handbook or internal policies, these should also set out how holiday is managed in your workplace. Good communication helps prevent misunderstandings and ensures everyone knows their rights and responsibilities.
If your employment ends—whether you resign, are dismissed, or made redundant—your employer must pay you for any holiday you have built up but not taken. This payment is called “payment in lieu of holiday.” The amount is based on your normal rate of pay and the number of untaken days.
For example, if you have two weeks’ holiday left when you leave, you should receive two weeks’ pay, calculated according to your usual working hours and pay rate. Employers cannot refuse to pay for unused holiday, and this right applies regardless of the reason your job ends.
Employers are legally required to keep accurate records of how much holiday each employee has taken. This helps ensure that everyone receives their full entitlement and that holiday is managed fairly across the organisation.
Employers should:
Keep up-to-date records of holiday taken and remaining entitlement for each worker
Make sure holiday requests are handled fairly and consistently
Avoid favouring some employees over others when approving holiday dates
Allow staff to take their holiday during the leave year, unless there is a valid business reason to refuse a request
If your employer refuses all requests for holiday or makes it impossible for you to take your leave, they may be breaking the law. In some cases, you may be allowed to carry over unused holiday to the next year, especially if you were unable to take it due to sickness, maternity leave, or other special circumstances.
If you are unsure about your holiday entitlement or think your employer is not meeting their responsibilities, start by checking your contract and staff handbook. If issues remain, speak to your manager or HR department. Keeping your own record of holiday taken can also help if there is ever a dispute.
Remember, your right to paid holiday is protected by law, and employers must follow the rules set out in the Working Time Regulations 1998. If you feel your rights are not being respected, you can seek further advice or make a formal complaint.
What to Do If Your Holiday Rights Are Not Respected
If you believe your employer is not respecting your holiday entitlement, it’s important to understand your rights and the steps you can take to resolve the issue. Here’s what you need to know if you’re facing problems with your paid holiday leave.
Many employees encounter difficulties such as:
Being refused the right to take statutory annual leave
Not receiving payment for holiday leave taken
Having requests for holiday repeatedly delayed or ignored
Not being allowed to carry over unused holiday when appropriate (for example, after sickness or maternity leave)
Being told you cannot take holiday during your notice period
Under the Working Time Regulations 1998, most workers in the UK are legally entitled to a minimum of 5.6 weeks’ paid holiday per year. Your employer cannot refuse to let you take this statutory leave or withhold payment for it.
If you run into problems, try these steps:
**Check Your Employment Contract and Policies** Review your contract and any staff handbook to understand your holiday entitlement and the process for requesting leave.
**Speak to Your Employer Informally** Raise your concerns directly with your manager or HR department. Sometimes, misunderstandings can be resolved with a simple conversation.
**Put Your Concerns in Writing** If informal discussions don’t resolve the issue, send a written request or complaint outlining your concerns and referencing your legal rights.
If your employer still does not address your concerns, you may need to follow your company’s formal grievance procedure. This usually involves:
Submitting a written grievance explaining the problem and how you would like it resolved
Attending a meeting to discuss your grievance
Receiving a written response from your employer
Most employers have a grievance procedure, which should be provided to you in writing. If you’re unsure, ask your HR department for a copy.
If the issue remains unresolved after following your employer’s grievance process, you may have grounds to take legal action. You can make a claim to an employment tribunal if:
You have been denied your statutory holiday entitlement
You have not been paid for holiday leave
You have suffered a detriment (such as dismissal or disciplinary action) for asserting your holiday rights
Strict time limits apply: you usually have three months less one day from the date of the problem to make a claim. Before applying to a tribunal, you must notify Acas (the Advisory, Conciliation and Arbitration Service) and go through Early Conciliation.
To support your case, keep detailed records, including:
Dates you requested holiday and your employer’s responses
Copies of written correspondence (emails, letters, messages)
Payslips showing holiday pay (or lack of it)
Notes from any meetings or discussions about your holiday entitlement
Having clear evidence will help if you need to escalate the issue formally or take legal action.
If you need more help or your holiday rights are part of wider concerns at work, you can learn more about workplace issues and how to protect your rights as an employee.
Remember, you are legally entitled to paid holiday. Don’t be afraid to seek advice or take action if your employer is not meeting their obligations.
Related Leave Rights You Should Know About
Understanding your holiday entitlement is just one part of your overall rights to time off work. In the UK, several other types of leave are protected by law, each with its own rules and purposes. Knowing how these interact with your holiday entitlement can help you make the most of your rights and plan your time away from work effectively.
If you need to take time off to care for a dependent—such as a child, spouse, parent, or someone who relies on you for support—you may be entitled to Caregiver Leave. This includes both emergency time off for dependents and, from April 2024, up to one week of unpaid leave per year specifically for caring responsibilities. Caregiver leave is separate from your paid holiday entitlement, so taking it does not reduce your annual holiday allowance.
The law also provides specific protections for parents. Maternity, Paternity & Parental Leave covers your rights if you are having a baby, adopting, or need extended time off to care for your children. For example, statutory maternity leave allows eligible employees up to 52 weeks off, with statutory maternity pay for up to 39 weeks. Importantly, you continue to accrue (build up) your holiday entitlement while on maternity, paternity, or adoption leave. This means you can take any unused holiday before or after your parental leave, provided you agree this with your employer.
If you are unwell and unable to work, you may be entitled to Sick Leave & Sick Pay. Statutory sick pay (SSP) is available for eligible employees who are off work due to illness for four or more consecutive days. Like parental leave, you continue to accrue your holiday entitlement while on sick leave. If you are unable to take your holiday because of long-term sickness, the law allows you to carry over up to four weeks of unused statutory holiday into the next leave year.
**Separate from Holiday**: Most of these leave types—such as caregiver, parental, or sick leave—are separate from your statutory holiday entitlement. Taking them does not reduce your annual paid holiday allowance.
**Accrual Continues**: While you are on maternity, paternity, adoption, or sick leave, you continue to build up your holiday entitlement as if you were at work.
**Carrying Over Holiday**: If you cannot take your holiday because you are on another type of leave (for example, long-term sick leave or maternity leave), you may have the right to carry over unused statutory holiday into the next holiday year.
Understanding your full range of leave rights helps ensure you receive all the time off you are legally entitled to. For more details on specific types of leave, explore our guides on Caregiver Leave, Maternity, Paternity & Parental Leave, and Sick Leave & Sick Pay.
