You are entitled to paid holidays provided you work for an employer. It does not matter if you are full-time, part-time, agency or simply working on a casual basis. Your annual entitlement will be based on how many days a week you work.
How Much Holiday Am I Entitled To?
Currently, under the Working Time Regulations 1998, all workers are entitled to 5.6 weeks’ holiday per year. If you are not receiving this entitlement, you may be entitled to submit a claim for unpaid wages. How many days holiday you are entitled to per year are set out in the below table:
| Days Worked in one Week | Annual Holiday Entitlement |
| 1 | 5.6 days |
| 2 | 11.2 days |
| 3 | 16.8 days |
| 4 | 22.4 days |
| 5+ | 28 days |
The case of Lock v British Gas has also confirmed that when calculating the pay of an employee, an employer need to take into account bonuses and other payments and not just the basic pay of the employee.There have been changes to the way employers should calculate statutory holiday pay for their employees due to several important cases, including the much publicised case of Bear Scotland Ltd v Fulton. Following that, employers are now required to take into account overtime worked (compulsory, guaranteed and non-guaranteed) and work-related travel by employees when calculating holiday pay.
What Can You Do?
If you feel you have not been paid the correct number of holidays or the payment is not correct, you have a few options that we can assist with. The first step is to speak to your employer and explain to them that you understand your holiday rights and that you are entitled to paid holiday.
If that does not resolve the issue, our solicitors can help you can lodge a grievance. Check if your employer has a formal grievance procedure that you can use. If they do not have a formal procedure, you can still raise a grievance through writing a letter and include copies of any evidence.
Lastly, we can help you with legal guidance and support as you might be able to lodge a claim. However, you must act soon if you wish to make a claim, as there are specific time limits for this and some employers even try to avoid liability. For holiday pay, you must lodge a claim within three months of your last holiday payment.
If you have not been paid the correct amount for paid leave then it is important to contact us to get legal advice.
How We Can Help
Our solicitors are Employment Law Experts that can provide you legal advice and support if you have not been paid correctly for paid holiday. We have experience working with many employees that were in similar situations, and will be able to provide the same support to you.
We will be able to assess your situation and provide you legal advice on lodging a grievance, making a claim and your compensation entitlement.
We have a number of options regarding funding a case (see here) and have also arranged an insurance policy which will protect you against the risk of having to pay Tribunal fees should your case be lost.
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To make a free enquiry based on any of the issues raised on this page call us on 0808 168 7288, or complete an Online Enquiry.
We will also discuss the best methods of funding your case and seek to reach a solution that best suits your needs. This can involve a “no-win, no-fee” agreement if appropriate. if appropriate.