Annual leave and pay

Our previous blog covering the basic background on the statutory right to annual leave and frequent questions around this still stands (at this moment in time – watch this space!) however recent case law is important to note.

Entitlement is 5.6 weeks* in the UK currently.  This is pro-rated for part timers– simple right?  There’s not always clear guidance on how time off and pay should be calculated for casual workers, for example, and so it can be a complex area. 

Atypical workers i.e. those who don’t fit the standard 9-5 Monday to Friday on a permanent basis i.e. fixed term workers, casual workers, zero hours and temporary workers are still entitled to 5.6 weeks’ annual leave.  Term time workers are also entitled to 5.6 weeks holiday which should not be pro-rated to the number of weeks worked in a year**.  Term time only workers who have not been paid the 5.6 weeks’ holiday pay will now have claims for unlawful deduction of wages, based on the incorrect calculation of holiday pay. Do note though that claims for unlawful deduction from wages must be made within 3 months of the date of the last episode and can go back only 2 years.

It can be difficult to decide how much leave people have accrued and what they should be paid. 

*Note that this applies to ‘workers’ as well as employees.

**Recent case law coming out of a Supreme Court Judgment and the law is therefore that term time only workers should now be paid 5.6 weeks’ annual leave regardless of the proportion of the year they work.).  The relevant case is Harpur Trust v Brazel.

Here to help

If you have any questions or need help in calculating holiday, please drop us a line at [email protected] call us on 01449 708999 or call/text 07789 038409.

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