Q&As

How do you calculate the statutory holiday entitlement of an employee who works five days a week but who works 48 weeks and has four weeks unpaid leave every year?

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Published on LexisPSL on 01/06/2017

The following Employment Q&A provides comprehensive and up to date legal information covering:

  • How do you calculate the statutory holiday entitlement of an employee who works five days a week but who works 48 weeks and has four weeks unpaid leave every year?

The statutory right under the Working Time Regulations 1998 (WTR 1998), SI 1998/1833 is to a total of 5.6 weeks' annual leave each 'leave year', made up of:

  1. a basic entitlement to a minimum of four weeks' annual leave (20 days for a regular full-time worker) each leave year, implementing the right to annual leave under the Working Time Directive

  2. an additional entitlement to 1.6 weeks' annual leave (eight days for a regular full-time worker) each leave year, which is a right under domestic legislation only

For further information, see our Practice Note: Holiday — Statutory holiday entitlement.

Under the WTR 1998, SI 1998/1833, a worker is entitled to be paid at the rate of a 'week's pay' for each week of holiday. Calculation of a week’s pay will vary depending on whether the worker in question has normal working hours or no normal working hours.

For further information, see our Practice Note: Holiday pay, in particular:

  1. where there are normal working hours, the sections headed Holiday pay — Calculating statutory holiday pay: normal working hours, Holiday pay — Calculating statutory holiday pay: overtime and Holiday pay — Calculating statutory

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