your annual leave entitlement

Mary Gavin

22 July 2014

Workers have a statutory right to at least 5.6 weeks paid annual leave, which is 28 days paid holiday for a five day working week. This right comes from the Working Time Regulations (NI) 1998 as amended.

The main things you should know about holiday rights are:

  • a minimum of 5.6 weeks paid annual leave
  • part-time workers are entitled to the same level of holiday pro rata
  • entitlement starts to build as soon as work starts
  • employers can control when holidays are taken
  • normal pay is paid for holiday leave*
  • holidays accrued but not taken are paid at the end of the employment relationship
  • bank and public holidays can be included in the minimum entitlement
  • employees are entitled to holiday leave throughout ordinary and additional maternity leave and paternity and adoption leave

*In a recent case of Z.J.R Lock v British Gas Trading Ltd and Others, the European Court of Justice looked at whether holiday pay should include basic salary only or commission and basic salary. The Court ultimately decided in this case that the claimant was entitled to holiday pay based on both parts. Each case has to be looked at on its own facts.

If you have any queries regarding the issue of holiday pay please contact 028 9024 3901 or contact us online using the contact us form.