Employment Law About Holidays

Statutory holiday is the minimum amount of paid holiday that full-time, part-time, agency and casual workers are entitled to. The armed forces, police, civil protection services and independent workers are not entitled to statutory paid holidays, however, work agreements and contracts could give the right to take contractual holidays.

In the UK, employees are entitled to a minimum of 5.6 weeks' holiday per year. This is calculated by multiplying 5.6 by the number of days worked per week. Employers are not obliged to grant Bank holidays and public days to their employees. They may ask employees to work on bank and public holidays or give these days off without payment or ask employees to use bank and public holidays as part of their statutory holiday.

All employees who have worked for a company for at least one month are entitled to a written statement of their terms and conditions as well as holidays; failure to do so within two months is illegal on the part of the employer. Employees can contact a Citizens Advice Bureau for advice.

Depending on the employee's contract, the holiday pay could either be the same rate of their normal pay or higher. Employees should be wary with employers who inform them that their hourly pay rate includes an amount for holiday pay. This is referred to as "rolled up" holiday pay and can be illegal if the holiday pay and hourly pay are not distinguished on the pay slip.

Workers are entitled to paid holiday from their first day of employment; however they may not be able to take all their paid leave when they start their contract.

Employees build up their holiday as soon as they begin working, however employers can have a say on when their employees can take their holidays. When a job is finished, all untaken holidays will be paid for by the employer. Employees are also entitled to their statutory holiday while on maternity, paternity and adoption leave.

When requesting to take holiday, employees are obliged to give their employer notice that is twice as long as the amount of holiday desired. In turn, an employer can refuse the holiday requested by the employee as long as a notice that matches the holiday length is given to the employee.

An employer can also decide when an employee takes their holiday. For example, some companies close during Christmas period, therefore obliging their staff to take their holidays during close down period. To do this, the company is obliged to give notice to the staff that is twice as long as the holiday.