Annual Holidays – Statutory Entitlement
This right applies to casual, part-time, agency workers and workers who are not in genuine self employment.
Full Time Worker
The minimum entitlement is 5.6 weeks paid holidays (that is 28 days paid holidays) for individuals working full time five days a week. Individuals working more than 5 days per week do not accrue a higher entitlement to statutory holiday.
An employer may decide that the 28 days is inclusive of public/bank holidays but an employer is free to decide that public/bank holidays are in addition to the 5.6 weeks statutory minimum entitlement.
TIP – If you need staff to work on some or all public/bank holidays, you should state that in their employment terms but you need to ensure that they still have an entitlement to 28 days holiday .
Part Time Worker
Part time staff should receive a pro rata holiday entitlement to the above
The right to holiday time off and pay has raised much case law because the first 4 weeks i.e. 20 days are an entitlement under EU law; the additional 8 days were added by UK law. This can lead to differences in practice. For example, there is no right to carry over holidays beyond the basic 20 days but an employer can agree a clause to allow individuals to carry over the additional 1.6 weeks (i.e. 8 days) of holiday. it is important to realise that the legislation was passed as a heath and safety measure to provide time off work for the purpose of recuperation/rest. For that reason, an employer can not pay in lieu of an individual taking holidays – the only exception being on termination of employment.