Holiday pay: how much should you get?
Check how much leave you earn and what your holiday pay should include. We explain the rules in Great Britain and Northern Ireland.
If your holiday pay looks short, you have a right to challenge it. Today, save the payslip and write down the hours, overtime or commission you usually earn. Then ask payroll, in writing, how they calculated your holiday pay. A basic-rate payment can be wrong when regular extra pay should count.
- 5.6 wks
- statutory paid leave each year
- 12.07%
- GB irregular-hours and part-year accrual
- 52 wks
- reference period for variable holiday pay
- 6 mths
- GB claim deadline for relevant dates from October 2026
How much holiday do you get?
In Great Britain, the Working Time Regulations 1998 give workers, including employees, 5.6 weeks of paid annual leave from day one. Four weeks come under regulation 13 and another 1.6 under regulation 13A. In Northern Ireland the 2016 regulations provide the same entitlement. The statutory total is capped at 28 days, even if you work six days a week.
On a five-day week that means 28 days. On three days, 3 × 5.6 = 16.8 days. An employer cannot round down your entitlement. A separate first-year accrual rule rounds fractions of a day up to a half or whole day to calculate how much leave you can take at a particular point. It does not automatically turn your full-year 16.8-day entitlement into 17 days.
| Pattern | Entitlement | Notes |
|---|---|---|
| 5 days a week | 28 days | 4 weeks + 1.6 weeks |
| 4 days a week | 22.4 days | Cannot round down |
| 3 days a week | 16.8 days | Cannot round down |
| 6 days a week | 28 days | Statutory cap |
| GB irregular-hours / part-year | 12.07% of hours worked | Leave years from 1 April 2024; see below |
Part-time workers get pro-rata leave. A bank-holiday benefit above the statutory minimum must generally be offered pro rata too. Agency workers have the minimum from day one through their agency and, after 12 weeks in the same role, equal treatment on annual leave compared with a direct hire. Genuinely self-employed people have no statutory holiday right. Your contract’s label does not decide whether you are really a worker.
Why your holiday pay can differ
For regular-hours workers in Great Britain, the four weeks under regulation 13 must be paid at “normal remuneration”. The additional 1.6 weeks under regulation 13A may be paid at basic rate. Many employers pay the same rate for all leave. The regulations do not say which pot of leave you take first. Check how your employer identifies each one.
Since 1 January 2024, normal remuneration has a statutory definition. It includes commission intrinsically linked to contractual tasks, payments for seniority or qualifications, and overtime or other payments regularly made in the 52 weeks before the calculation date. Bonuses depend on what they reward; not every bonus qualifies. For GB irregular-hours and part-year workers under the post-April 2024 rules, all statutory holiday pay is based on total pay, whether paid when leave is taken or rolled up.
How holiday pay is calculated
If you have a salary and fixed hours, a week’s holiday is a week’s normal pay. On £31,200, you earn £600 a week, so a week’s leave pays £600. For the regulation-13 weeks, add any regular overtime or commission due.
Hourly and variable pay: the 52-week average
In Great Britain, if your hours or pay vary, a week’s holiday pay is normally based on the last 52 weeks of usual pay. Skip weeks with no pay. If needed, look back no more than 104 weeks. If fewer than 52 qualifying weeks exist, average the weeks available. This 52-week reference period has applied since 6 April 2020. For irregular-hours or part-year workers on rolled-up pay, holiday is paid with each payslip instead.
Example: variable pay over 52 weeks
Tom works shifts. His last 52 paid weeks total £12,040. £12,040 ÷ 52 = £231.54. One week’s holiday pays £231.54. If only 30 paid weeks exist, divide the total of those 30 by 30.
Irregular-hours and part-year workers: 12.07%
In Great Britain, for leave years starting on or after 1 April 2024, an irregular-hours worker’s contracted paid hours must be wholly or mostly variable in each pay period. A part-year worker has at least one week during the contract when they are not required to work and are not paid for that week. Both groups accrue statutory leave at 12.07% of hours worked each pay period. A rotating but fixed shift pattern does not automatically count as irregular hours.
Example: monthly accrual
Ada works 68 hours in June. 68 × 12.07% = 8.2076 hours. Under the statutory rounding rule she accrues 8 hours of paid leave for June. If her employer does not use rolled-up pay, it pays her for that leave when she takes it, based on her total earnings.
Rolled-up holiday pay
Employers in Great Britain may use rolled-up holiday pay for irregular-hours and part-year workers in leave years starting on or after 1 April 2024. They add 12.07% of total pay in each pay period and show it separately on the payslip. This must be on top of wages that meet the National Minimum Wage. You still take leave. It has already been paid for. Rolled-up pay remains unlawful for regular-hours workers and in Northern Ireland.
Example: rolled-up pay on a weekly payslip
Ben, aged 21 or over, works 35 hours at £13 in October 2026. His wages are £455, above the £12.71 hourly minimum in force since 1 April 2026. His additional holiday pay is £455 × 12.07% = £54.92, shown separately. His employer must not use it to bring underpaid wages up to the minimum.
The diagram shows how the GB calculation changes with your work pattern. A zero-hours contract may fall within the irregular-hours definition, but the label alone is not enough. Check what your contract says about paid hours. Northern Ireland keeps different rules for irregular and part-year work.
Accruing, taking and carrying over leave
Paid leave starts building up on day one. In the first year of a regular-hours job, one-twelfth of the annual entitlement becomes available at the start of each month; an employer can let you take leave earlier.
Holiday continues to build up during sick leave and statutory family-related leave. For GB irregular-hours and part-year workers, leave years from 1 April 2024 use a 52-week look-back to work out average hours before the absence, then accrue 12.07% of those hours for each week away. Weeks affected by sickness or statutory family leave are excluded from that average; other non-working weeks can count.
Under GB regulation 15, a request for 10 days off normally needs at least 20 days’ advance notice. An employer refusing those dates must normally give at least 10 days’ counter-notice. To require a 10-day shutdown as holiday, they must give 20 days’ notice. A relevant agreement, such as a contract, can vary these periods.
In Great Britain, an agreement can let regular-hours workers carry over up to eight days of the extra 1.6 weeks. If sickness prevents you taking leave, up to four weeks can carry over. You must use it within 18 months of the leave year’s end. Leave blocked by maternity or another statutory family leave must carry over. If your employer fails to enable or encourage leave, or warn that you will lose it, up to four weeks of a regular-hours worker’s leave can carry forward. Irregular-hours and part-year workers have different carry-over limits, including all untaken leave in some circumstances.
Example: sickness carry-over
Meera works five days a week and is off sick for her entire leave year. She can carry four weeks (20 days) into the next 18 months. Carrying the other 1.6 weeks (eight days) would need an agreement.
Except for lawful rolled-up pay, you cannot exchange statutory leave for cash while still employed. When your job ends, your employer must settle any statutory holiday pay still owed. Leave already covered by lawful rolled-up pay is not paid a second time. For working-time limits, see our working time guide.
Do you get bank holidays off?
No. There is no separate statutory right to paid time off on a bank or public holiday. An employer may count those days within your 5.6 weeks. For a five-day worker in England and Wales, “28 days including bank holidays” and “20 days plus the usual eight bank holidays” can both meet the minimum. Scotland and Northern Ireland have different calendars (Northern Ireland has 10). Check your contract for which days you can take.
Is holiday pay pensionable?
Holiday pay is part of qualifying earnings for workplace pension auto-enrolment. If your scheme calculates contributions using qualifying earnings, it counts alongside ordinary wages, subject to the scheme’s contribution rules and earnings band. A scheme with a different definition of “pensionable pay” can treat holiday pay differently. Check your scheme documents. The Pensions Regulator explains variable-pay assessments.
Leaving a job: accrued holiday and final pay
If you are a regular-hours worker leaving partway through a leave year, pro-rate your annual entitlement by calendar days in employment, not days worked. Subtract leave already taken. The unpaid balance goes into final pay. Your employer can deduct excess holiday from final wages only if you agreed to it in writing beforehand. If you are a GB irregular-hours or part-year worker, check the leave you have accrued from hours worked and whether it has already been paid through lawful rolled-up pay.
Example: leaving mid-year on regular hours
Ravi’s leave year runs from 1 July to 30 June. He works six days a week (capped at 28 days) and leaves on 16 November, after 139 calendar days. 139 ÷ 365 = 38.08%; 28 × 38.08% is about 10.7 days, less any leave taken. If he took none and his daily holiday rate is £120, the illustrative balance is £1,284 in his final pay.
- Find your leave year. Check your contract for the start and end dates.
- Calculate leave accrued. For regular hours, use days employed ÷ days in the leave year × annual entitlement. For GB irregular or part-year hours, use accrued hours.
- Subtract leave taken and pay received. Your employer owes any remaining unpaid balance. Recovering excess leave from final pay needs prior written agreement.
Refused, cancelled or underpaid holiday
An employer can refuse dates or cancel approved leave with the required notice, but should have a sound business reason. They cannot block you from taking your statutory entitlement altogether. If you have paid for travel, keep the approval, cancellation and receipts. Whether you can recover losses depends on the facts, not simply on how late the cancellation was.
In Great Britain, underpayment may support a complaint under regulation 30 of the Working Time Regulations and/or an unlawful-deduction-from-wages claim under the Employment Rights Act 1996. A gap of three months or more does not automatically break a series of deductions. The Supreme Court rejected that rule in Agnew.
When an employer keeps holiday pay the law says you are owed, that is wage theft. Our view: a system that leaves workers to sue for it protects the employer with more time and money, not the person missing wages.
A two-year backstop applies to Great Britain unlawful-deduction claims. Northern Ireland has no equivalent two-year cap. Under the 2026 commencement and transitional regulations, the usual GB tribunal limit is six months for a holiday-pay complaint or wage deduction only when the relevant refusal or payment date is on or after 1 October 2026. Earlier relevant dates keep the previous three-month limit. The reform does not revive an expired claim. Acas early conciliation can pause the clock. Northern Ireland’s industrial tribunal generally has a three-month limit for holiday complaints. Speak to Acas in GB or the Labour Relations Agency in NI promptly. See our tribunal guide.
- Save the proof. Keep payslips, rotas, holiday requests and messages. Note the date the holiday pay was due.
- Ask payroll in writing. Say which payment looks short and ask how it was calculated. Keep the response.
- Get help and watch the clock. In Great Britain, the usual deadline is six months only if the relevant refusal or payment date is on or after 1 October 2026. Earlier dates keep the previous three-month limit. In Northern Ireland, holiday complaints generally have a three-month limit. Acas early conciliation can pause the GB clock. Contact Acas or the Labour Relations Agency promptly, not after another pay cycle.
- Get backup. Your union can help you challenge the calculation: Unite represents many hospitality, retail and logistics workers; UNISON represents many care and health workers; GMB and IWGB also organise workers in these sectors. Citizens Advice and local law centres can explain your options. Report a suspected minimum-wage breach to HMRC. Report labour exploitation to the GLAA where it applies, unsafe work to the HSE, and discrimination to the EHRC. These bodies do not replace a holiday-pay tribunal claim.
What changed by October 2026?
- Normal pay defined (GB)
The law specified which regular extras belong in normal holiday pay.
- New GB accrual and pay options
For leave years starting from this date, irregular-hours and part-year workers accrue 12.07% of hours; eligible employers may use rolled-up pay.
- Records duty in force (GB)
Employers must retain adequate holiday records for six years.
- New GB tribunal time limits
Six months for most claims where the relevant date is on or after 1 October; earlier relevant dates stay on the previous limit.
The 5.6-week entitlement itself has not changed. Holiday-pay enforcement by the Fair Work Agency remains a proposal without a start date. For other changes see our Employment Rights Act 2025 tracker.
Questions people ask
Does overtime count in holiday pay?
Regularly paid overtime counts in normal holiday pay. In GB, at least the first four weeks of a regular-hours worker’s leave must reflect it. The additional 1.6 weeks may be at basic rate. For GB irregular-hours and part-year workers covered by the newer rules, all statutory leave is paid using total earnings. See overtime pay rules.
Can your employer use rolled-up holiday pay?
Only in Great Britain for irregular-hours and part-year workers whose leave years began on or after 1 April 2024. Your employer must add it to wages and show it separately on the payslip. You still have the right to time off.
Can you be paid instead of taking holiday?
Not as a substitute for statutory leave while you are employed. The exception is lawful rolled-up pay for eligible GB workers, which pays holiday with wages but does not remove the right to take leave. On leaving, any holiday pay still owed must be settled. Already-paid leave is not paid twice.
How far back can you claim underpaid holiday?
In Great Britain, an unlawful-deduction claim has a two-year backstop. For a relevant payment date from 1 October 2026, the usual claim limit is six months. Earlier dates keep the old three-month limit. Northern Ireland has no equivalent two-year backstop and generally keeps a three-month claim limit. Ask for advice promptly.
What if your employer refuses your dates?
In Great Britain, unless a relevant agreement varies it, they must normally give counter-notice at least as long as the requested leave. They must also make it possible for you to take your statutory holiday. Keep the request and reply, and raise a grievance if the issue continues.
Does Northern Ireland have different rules?
Yes. Its 2016 Working Time Regulations provide the same 5.6-week minimum, but the 2024 GB 12.07% accrual and rolled-up-pay changes do not apply. For part-year arrangements, the Harper v Brazel position remains relevant. See employment law in Northern Ireland.
Sources
- Working Time Regulations 1998, legislation.gov.uk
- First-year accrual and rounding, regulation 15A, legislation.gov.uk
- Employment Rights (Amendment, Revocation and Transitional Provision) Regulations 2023, legislation.gov.uk
- Holiday pay and entitlement reforms from 1 January 2024, GOV.UK
- Irregular-hours and part-year holiday pay, Acas
- Requesting and taking holiday and carrying over holiday, Acas
- National Minimum Wage rates (April 2026), GOV.UK
- Holiday entitlements in Northern Ireland, nidirect; NI regulation 43, legislation.gov.uk
- Employment Rights Act 2025, section 35: records, legislation.gov.uk
- Holiday-records duty commencement, SI 2026/323, regulation 3(1) read with regulation 3(8), legislation.gov.uk
- Keeping holiday records, Acas
- Tribunal time-limit commencement and transitional rules, SI 2026/954, legislation.gov.uk
- Holiday pay compliance and enforcement consultation, GOV.UK
- PSNI v Agnew [2023] UKSC 33, Supreme Court
- Labour Market Outlook Q1 2026, Resolution Foundation
- Tribunal Statistics Quarterly: January to March 2026, Ministry of Justice
- Agency worker rights, GOV.UK; Assessing variable-pay staff, The Pensions Regulator