How it works
The legal starting point: 5.6 weeks a year
Under the Working Time Regulations 1998, every "worker" in the UK is entitled to 5.6 weeks of paid leave per holiday year. That's higher than the EU minimum of 4 weeks because the UK counted its 8 bank holidays separately and then rolled them in.
A worker on a standard 5-day week gets 28 days (5 × 5.6) — employers often structure this as 20 days plus 8 bank holidays, which is technically legal but means you get nothing extra when a bank holiday falls on your usual day off. Many employers go above the minimum.
How part-time entitlement is calculated
Part-time workers receive the same 5.6 weeks pro-rated to their working pattern. The easiest method is:
| Usual working days | Annual statutory entitlement |
|---|---|
| 5 days | 28 days |
| 4 days | 22.4 days |
| 3 days | 16.8 days |
| 2 days | 11.2 days |
| 1 day | 5.6 days |
Irregular hours and part-year workers: the 12.07% rule
From 1 April 2024, the law changed for workers with irregular hours (casual, zero-hours) and part-year workers (term-time only, seasonal). Their holiday now accrues at 12.07% of hours worked in each pay period.
Where does 12.07% come from? It's 5.6 / (52 − 5.6) = 5.6 / 46.4. For every 46.4 "working" weeks, you earn 5.6 holiday weeks.
Worked example: 160 hours in a month
Accrued holiday = 160 × 12.07% = 19.3 hours (just under 2.5 days at 8 hrs each).
Hourly pay rate × 19.3 = the holiday pay portion for the month.
Rolled-up holiday pay
Since April 2024, employers of irregular-hours workers may legally use rolled-up holiday pay — adding 12.07% to the hourly rate rather than paying during leave. It must be shown as a separate line on the payslip.
What counts as pay for a holiday day
Following the Bear Scotland and Lock judgments, holiday pay must reflect what you normally earn — not just basic pay. That includes:
The reference period for calculating an average "week's pay" is the previous 52 paid weeks (extending backwards up to 104 weeks if needed to find 52 with pay).
- Non-guaranteed overtime that's regular in practice, even if not contractual.
- Commission that's intrinsic to the role.
- Shift premiums, anti-social hours allowances, stand-by payments.
- Results-based bonuses that the worker would have earned.
Bank holidays: not automatic
Bank holidays are not a legal entitlement on top of the 5.6 weeks — they can be included within it. Your contract decides whether a bank holiday is an extra day off, a day you take from your allowance, or a normal working day. Retail, hospitality and hospitals routinely work bank holidays.
England and Wales have 8 standard bank holidays; Scotland has 9 and Northern Ireland 10.
Carry-over and leaving a job
- Statutory 5.6 weeks — the first 4 weeks (EU-derived) can only be carried over in limited circumstances (sickness, maternity). The remaining 1.6 weeks can be carried over by agreement.
- Contractual holiday above the minimum — carry-over rules are whatever your contract says.
- Leaving a job — you get paid for any accrued-but-untaken holiday on your final payslip. If you took more than accrued, the employer can deduct it (with a clear contract term).