Thousands of UK employers are still calculating zero-hours holiday pay using the old "days worked × 52 weeks" formula — a method that has been wrong since April 2024. The Employment Rights (Amendment, Revocation and Transitional Provision) Regulations 2023 overhauled how holiday accrues for irregular hours workers, introduced new rules on rolled-up holiday pay, and changed what a "leave year" means for these workers. If your payroll team hasn't updated its approach, you are underpaying or miscalculating entitlement for some of your workforce — and that exposure compounds with every pay period that passes.
The UK Statutory Minimum: 5.6 Weeks Explained
Under the Working Time Regulations 1998, almost all workers in the UK are entitled to a minimum of 5.6 weeks of paid annual leave per year. For a worker on a standard five-day week, that translates to exactly 28 days. The entitlement is capped at 28 days regardless of how many days per week someone works — a worker on a seven-day-a-week contract still receives a maximum of 28 days of statutory leave.
The 5.6 weeks breaks down into two legally distinct tiers: 4 weeks derived from the EU Working Time Directive, and an additional 1.6 weeks added by UK domestic law. The distinction matters when it comes to holiday pay calculations, carry-over rules, and what pay rate applies — covered in detail below.
Important: Statutory Minimum vs Contractual Entitlement
The 28-day statutory minimum is a floor, not a ceiling. Many employers offer more — 25 days plus bank holidays is common in the UK. The rules below apply to the statutory minimum. Contractual entitlement above that is governed by the employment contract.
Bank Holidays: Inside or Outside the 28 Days?
There is no statutory right to take bank holidays as paid leave on top of the 28-day minimum. Bank holidays can be counted as part of the 28-day entitlement — so a contract that gives 20 days plus 8 bank holidays provides exactly the statutory minimum, not more. Whether bank holidays sit inside or outside the 28 days depends entirely on what the contract says.
A contract that gives 20 days plus bank holidays "in addition" is providing above-statutory leave (28 days total). A contract that gives 28 days inclusive of bank holidays sits at the minimum. Employers cannot go below 28 days regardless of how bank holidays are treated. This is one of the most frequently misunderstood areas of UK holiday law.
Full-Time Workers: How to Calculate Holiday Pay
For workers with fixed hours and fixed pay, the UK holiday pay calculation is straightforward. A week's pay equals the worker's regular weekly wage. Holiday entitlement in days equals the number of days worked per week multiplied by 5.6.
Formula: Days worked per week × 5.6 = Annual leave entitlement in days
Example: A full-time worker earns £35,000 per year working Monday to Friday. Their entitlement is 5 × 5.6 = 28 days. Their daily rate for holiday pay is £35,000 ÷ 260 working days = £134.62 per day. For a one-week holiday, they receive £134.62 × 5 = £673.10.
When calculating a week's pay for holiday purposes, you must include all pay the worker normally receives — not just basic salary. Post the Bear Scotland v Fulton ruling, this includes regular overtime and contractual commission for the first 4 weeks of statutory leave. The additional 1.6 weeks can be paid at basic pay only. The reference period for calculating average pay is the 52 weeks preceding the leave — skipping any weeks in which no pay was received.
Part-Time Workers: Pro-Rata Formula
Part-time workers receive the same 5.6-week entitlement calculated pro-rata to their working pattern. The formula is identical — days worked per week multiplied by 5.6. Employers must round up any resulting fraction to the nearest half day; they cannot round down.
Formula: Days worked per week × 5.6 = Pro-rata entitlement (round up to nearest 0.5)
Three worked examples:
- Worker doing 3 days per week: 3 × 5.6 = 16.8 days → rounds up to 17 days
- Worker doing 4 days per week: 4 × 5.6 = 22.4 days → rounds up to 22.5 days
- Worker doing 2.5 days per week: 2.5 × 5.6 = 14 days → exactly 14 days, no rounding needed
To check any part-time pattern quickly, use the free pro-rata holiday calculator — it applies the correct rounding rules and outputs entitlement in days or hours for any working pattern.
The holiday pay rate for part-time workers follows the same logic as full-time workers. A worker earning £21,000 per year working 3 days per week receives a daily rate of £21,000 ÷ 156 working days (3 × 52) = £134.62 per day — the same daily rate as the full-time example above because their salary is proportionate to their hours. What changes is the number of days, not the rate.
Holiday Entitlement by Worker Type
The table below shows how entitlement and the calculation method differ across the main worker categories covered by UK law.
| Worker Type | Entitlement Basis | Calculation Method | Worked Example |
|---|---|---|---|
| Full-time (fixed hours) | 5.6 weeks = 28 days | Days/week × 5.6 | 5 × 5.6 = 28 days |
| Part-time (fixed hours) | 5.6 weeks pro-rata | Days/week × 5.6, round up to 0.5 | 3 × 5.6 = 16.8 → 17 days |
| Irregular hours / zero-hours (post April 2024) | 12.07% of hours worked per pay period | Hours worked × 12.07% = holiday hours accrued | 80 hrs worked → 9.66 hrs accrued |
| Shift workers (variable hours, regular contract) | 5.6 weeks based on average week | Average weekly hours over 52-week reference period × 5.6 | Avg 36 hrs/week → 201.6 hrs holiday/year |
| Workers on sick / maternity leave | Accrues at normal rate during leave | Same as above — leave period counts as worked | Full-year sick leave still earns 28 days |
| Part-year workers (e.g. term-time only) | 12.07% of hours worked per pay period (post April 2024) | Hours worked × 12.07%, capped at 5.6 weeks equivalent | Works 39 weeks/year → entitlement based on actual hours |
Zero-Hours and Irregular Hours Workers: The April 2024 Change
This is the area where most employer errors occur. Before April 2024, many employers applied 12.07% to a worker's total annual hours to arrive at a holiday entitlement figure at the end of the year. The Supreme Court's ruling in Harpur Trust v Brazel [2022] effectively made that approach unlawful for part-year workers — the 12.07% method was producing results lower than workers were legally entitled to.
The government responded by legislating a new framework for irregular hours workers and part-year workers that applies to leave years starting on or after 1 April 2024. Under the new rules, these workers accrue holiday in hours at 12.07% of the hours they work in each individual pay period — not their annual total. The accrual happens continuously throughout the year, pay period by pay period.
Why 12.07%?
The figure comes from dividing 5.6 weeks of statutory leave by the 46.4 working weeks remaining in a year (52 – 5.6 = 46.4). So 5.6 ÷ 46.4 = 12.07%. For every hour worked, 12.07% of that time accrues as paid leave entitlement.
Worked example: A zero-hours worker works 70 hours in a monthly pay period. Their holiday accrual for that period is 70 × 12.07% = 8.45 hours. Over a year in which they work 900 hours in total, their total holiday entitlement is 900 × 12.07% = 108.63 hours. If their average hourly rate across the 52-week reference period is £12.00, each hour of holiday is paid at £12.00.
Note that the GOV.UK holiday entitlement calculator at gov.uk/calculate-your-holiday-entitlement handles this calculation automatically and is the fastest way to verify entitlement for non-standard working patterns.
Rolled-Up Holiday Pay (Legal Again from April 2024)
Rolled-up holiday pay was ruled unlawful by the European Court of Justice in 2006 — but only for workers with normal, identifiable working hours. The April 2024 reforms expressly make it lawful again, but only for irregular hours workers and part-year workers, and only for leave years starting on or after 1 April 2024.
Under rolled-up holiday pay, the employer adds 12.07% of the worker's pay to each pay period rather than paying a separate sum when leave is taken. The worker effectively receives their holiday pay within their regular wages. For this to be lawful, the holiday pay element must be:
- Calculated as exactly 12.07% of the worker's pay for that pay period
- Identified as a separate, clearly labelled line item on the payslip
- Not retrospectively claimed to cover holiday taken at a different rate
Rolled-up holiday pay cannot be used for regular full-time or part-time workers with set hours. For those workers, holiday pay must be paid when leave is actually taken.
Track Leave Entitlement Without the Spreadsheets
Treegarden's leave management module calculates entitlement automatically for every worker type — full-time, part-time, and zero-hours — and flags carry-over risks before the leave year closes. See how it works →
Shift Workers: Hours-Based Calculation
Shift workers with a regular contract but variable hours fall between the fixed-hours and irregular-hours categories. They have a defined employment relationship (not zero-hours), but their weekly hours fluctuate across a rota. For these workers, the calculation uses an average working week derived from the 52-week reference period.
Step 1: Calculate the worker's average weekly hours over the 52 weeks preceding the leave date. Exclude any weeks in which no work was done (weeks of sick leave, for example) and replace them with earlier weeks to maintain 52 actual working weeks.
Step 2: Multiply the average weekly hours by 5.6 to get annual leave in hours.
Step 3: Divide annual leave hours by the worker's typical shift length to express entitlement in shifts or days if needed.
Example: A shift worker's average week over the 52-week reference period is 36 hours. Their annual leave entitlement is 36 × 5.6 = 201.6 hours. If they work 8-hour shifts, that is 201.6 ÷ 8 = 25.2 shifts of paid annual leave.
Their holiday pay rate is calculated using their average hourly pay over the same 52-week reference period, including any regular overtime pay (per the Bear Scotland ruling).
What Counts as a "Week's Pay": Basic Pay vs the Bear Scotland Rule
The question of what earnings count toward a week's pay for holiday purposes trips up many payroll teams. The answer changed significantly following the Bear Scotland Ltd v Fulton and others Employment Appeal Tribunal decision in 2014, which held that pay for regular non-guaranteed overtime must be included in holiday pay calculations.
The current rule, confirmed by subsequent case law, is:
- First 4 weeks of statutory leave (EU-derived): Holiday pay must reflect average pay including regular overtime, regular commission, and other payments intrinsically linked to carrying out job duties. Average is taken over the 52 weeks immediately before the period of leave, using only weeks in which pay was actually received.
- Additional 1.6 weeks of UK statutory leave: Can be calculated at basic pay only — no obligation to include overtime or commission.
- Purely voluntary, truly ad-hoc overtime: Does not need to be included unless it is performed with sufficient regularity to form part of the worker's "normal remuneration."
Commission and Holiday Pay
Commission that is directly linked to work a worker personally carries out must be included in the holiday pay calculation for the first 4 weeks of leave. This follows the Lock v British Gas Trading ruling. If a sales worker earns £2,000 per month in commission, that figure factors into their average week's pay even when they are on leave.
Holiday Accrual During Sick Leave and Maternity Leave
Holiday entitlement continues to accrue during all forms of statutory leave — including sick leave, maternity leave, paternity leave, adoption leave, and shared parental leave. The entitlement builds at the same rate as if the worker were in work.
This creates a practical challenge: if a worker is on long-term sick leave for the whole leave year, they will have accrued 28 days of holiday but been unable to take any of it. The rules for carry-over in this situation differ from the normal carry-over rules:
- Workers who cannot take holiday because of sick leave can carry over up to 4 weeks of statutory leave into the next leave year. That carried-over leave must be taken within 18 months of the end of the leave year in which it accrued.
- Workers who cannot take holiday because of maternity or family-related leave can carry over all unused statutory leave into the next leave year — not capped at 4 weeks.
- The COVID-19 carry-over easement (which allowed carry-over of up to 4 weeks for up to 2 years due to pandemic disruption) ended in January 2024. Normal rules apply.
Carrying Over Holiday: The Normal Rules
Outside of sick leave and maternity/family leave scenarios, the carry-over rules are more restrictive. Only the additional 1.6 weeks (8 days for a 5-day week worker) of statutory leave can be carried over to the next leave year, and only if there is a written agreement between employer and employee to permit it. The core 4 weeks of EU-derived leave cannot normally be carried over — it is lost if not taken.
Contractual leave above the statutory minimum can be carried over if the contract permits it. What matters is that the statutory 4-week floor is used within the leave year it accrues. Employers who prevent workers from taking leave within the leave year, or who fail to tell workers they will lose untaken leave if not taken by a specific date, may find they lose the right to enforce the use-it-or-lose-it rule — a point confirmed by the European Court of Justice in the Kreuziger and Max-Planck-Gesellschaft cases.
Holiday Accrual in the First Year of Employment
Workers begin to accrue holiday from their first day of employment — there is no qualifying period for statutory leave rights. In the first year of employment, the entitlement builds up gradually rather than being available in full on day one.
For workers with fixed hours, a common approach is to express the first year's entitlement as 1/12th of the annual entitlement per completed calendar month of employment. A new starter in October who has completed 3 months by January has accrued 3/12 × 28 = 7 days of entitlement. However, employers can also allow the full 28 days to be taken upfront, trusting that the worker will complete the year — just as many employers do in practice.
For irregular hours workers, the 12.07% per-pay-period method naturally handles the first year without any additional pro-rata calculation — accrual begins from the first hour worked.
Holiday Pay During Notice Periods
During a notice period, workers continue to accrue holiday at the usual rate. There are two separate issues here that are often conflated:
Taking holiday during notice: An employer can require a worker to take accrued holiday during their notice period by giving at least twice the length of the leave as notice (Working Time Regulations, Regulation 15). A worker with 5 days of holiday left in their notice period can be directed to take those 5 days if the employer gives at least 10 days' notice of that requirement.
Payment in lieu of untaken holiday: If a worker leaves employment with untaken statutory holiday, they are entitled to a payment in lieu for all accrued, untaken statutory leave. This cannot be waived by agreement. The payment is calculated using the same average pay method as regular holiday pay — the 52-week reference period applies.
Holiday Pay Calculation Examples: Four Scenarios
The table below puts the calculation rules into practice across four representative worker profiles. All figures are illustrative.
| Scenario | Worker Details | Calculation | Annual Entitlement |
|---|---|---|---|
| A: Full-time, fixed salary + regular overtime | £35,000/yr, 5 days/wk, avg £150/wk regular overtime | 28 days leave. Week's pay = £673.08 basic + £150 OT = £823.08 for first 4 wks; £673.08 for remaining 1.6 wks | 28 days; holiday pay blended across 5.6-week total |
| B: Part-time, 3 days/week | £21,000/yr, Mon–Wed only, no overtime | 3 × 5.6 = 16.8 → 17 days. Daily rate: £21,000 ÷ 156 = £134.62 | 17 days @ £134.62/day = £2,288.54 |
| C: Zero-hours worker (post April 2024) | Works 900 hrs over the year, avg £13.00/hr (52-week avg) | 900 × 12.07% = 108.63 hrs holiday. Pay per hour: £13.00 | 108.63 hrs @ £13.00 = £1,412.19 |
| D: Shift worker, variable rota | Avg 36 hrs/wk over 52-week reference period, avg £12.50/hr | 36 × 5.6 = 201.6 hrs holiday. Pay per hour: £12.50 (incl. regular shift premiums per 52-wk avg) | 201.6 hrs @ £12.50 = £2,520.00 |
For Scenario A, the blended holiday pay calculation means the employer tracks whether the worker is taking leave from the 4-week EU tranche (higher pay including overtime) or the 1.6-week UK tranche (basic only). In practice, most HR teams calculate a single average over the 52-week reference period and apply it to all holiday taken — this is legally defensible provided the result is not lower than what strict tranche-by-tranche calculation would produce.
Employer Checklist: Are You Using the Right Method?
The April 2024 reforms caught many employers off-guard. Use this checklist to verify your current approach is compliant:
- Identify your irregular hours workers and part-year workers. Any worker whose hours are not fixed and cannot be reasonably determined in advance falls into this category. Zero-hours, casual, and agency workers typically qualify. Term-time-only school workers qualify as part-year.
- Confirm your leave year start date for these workers. The new accrual rules apply to leave years starting on or after 1 April 2024. If your leave year starts in January, the new rules applied from January 2025.
- Switch from annual 12.07% to per-pay-period accrual. Do not calculate entitlement once at year-end by applying 12.07% to total annual hours. Accrue 12.07% within each pay period as hours are worked.
- If using rolled-up holiday pay, ensure payslip itemisation. The holiday pay element must appear as a separately labelled line on the payslip with the correct 12.07% figure. Undifferentiated rolled-up pay embedded in an hourly rate is not compliant.
- Update your 52-week reference period for holiday pay rates. Exclude weeks in which no pay was received and replace with earlier weeks so the reference period always covers 52 actual working weeks.
- Include regular overtime and commission in pay for the first 4 weeks of leave. Review payroll records for the past 3 months to check whether holiday pay has correctly reflected average earnings or basic pay only.
- Review carry-over policies. The COVID carry-over easement ended January 2024. Ensure workers are informed of use-it-or-lose-it deadlines in writing before leave expires.
Proper leave tracking is also essential now that ACAS confirms employers must keep adequate records to show compliance — a requirement that became mandatory from 6 April 2026. If your team manages leave via email or spreadsheet, the audit trail required by that obligation is difficult to maintain.
Treegarden's leave management module calculates entitlement per worker type automatically and stores a complete audit log of leave taken, pay rates used, and accrual calculations — ready for any HMRC inspection or employment tribunal query. See how Edera AI handles leave compliance →
Common Calculation Mistakes and How to Avoid Them
The following errors appear repeatedly in employment tribunal claims relating to holiday pay underpayment:
- Using basic pay only for all holiday weeks. The Bear Scotland obligation to include regular overtime in the first 4 weeks of leave is frequently overlooked. The liability builds with every year of underpayment and can be claimed retrospectively for up to 2 years of unlawful deductions.
- Applying the 12.07% method to fixed-hours workers. The 12.07% accrual approach is for irregular hours and part-year workers only. Applying it to regular full-time or part-time staff will almost always produce an incorrect result — typically below the correct entitlement.
- Rounding entitlement down. Fractional entitlement must be rounded up to the nearest half day. Rounding down is unlawful.
- Capping entitlement at 20 days for workers with bank holidays. If bank holidays are not contractually included in the 28-day entitlement, giving 20 days plus 8 bank holidays is the minimum — not a ceiling. Treating bank holidays as the full 28-day allowance when the contract does not say so is an underpayment.
- Not counting weeks where no work was done during the 52-week reference period. The reference period must exclude zero-pay weeks and extend backwards until 52 weeks of actual pay are captured. A common error is averaging over 52 calendar weeks even when some contained no earnings, which deflates the holiday pay rate.
UK employment law on annual leave intersects with other compliance obligations — UK employment law has a broader framework that affects how workers are classified, how hours are documented, and what counts as working time. Getting leave management right depends on getting classification right first.
The right-to-work verification process is another area that interacts with leave entitlement — workers whose right-to-work status changes mid-employment can have their leave entitlement affected. See our guide on right-to-work verification for the complete process.
Automate Leave Management for Every Worker Type
Treegarden tracks entitlement automatically across full-time, part-time, and zero-hours contracts — with built-in 52-week reference period calculations and carry-over alerts. No spreadsheets, no manual recalculations.
See Treegarden's leave module →Frequently Asked Questions
What is the statutory minimum holiday entitlement in the UK?
Almost all workers are entitled to 5.6 weeks of paid annual leave under the Working Time Regulations 1998. For a standard 5-day week worker, this equals 28 days. Part-time workers receive the same entitlement calculated pro-rata (days per week × 5.6, rounded up to the nearest half day). The 28-day cap means workers on longer-than-5-day patterns do not receive more than 28 days of statutory leave.
How do you calculate holiday pay for zero-hours contract workers after April 2024?
For leave years starting on or after 1 April 2024, zero-hours and other irregular hours workers accrue holiday at 12.07% of hours worked within each individual pay period — not as an annual total calculation. Employers can use rolled-up holiday pay for these workers, adding 12.07% to each pay period's earnings, provided it is itemised separately on the payslip. The GOV.UK holiday entitlement calculator handles the arithmetic automatically.
Does holiday pay have to include overtime and commission?
Yes, for the first 4 weeks of statutory leave. Following Bear Scotland v Fulton, a week's pay for holiday purposes must include regular overtime and commission that forms part of normal remuneration. This is calculated as an average over the 52 weeks before the leave period (excluding weeks with no pay). The additional 1.6 weeks of UK statutory leave can be paid at basic pay only.
Do bank holidays count toward or in addition to the 28-day statutory minimum?
It depends on the employment contract. There is no automatic right to take bank holidays as paid leave on top of the 28-day statutory minimum. Employers can include bank holidays within the 28-day count — 20 days' annual leave plus 8 bank holidays satisfies the statutory minimum exactly. Whether bank holidays are inside or outside the entitlement must be specified clearly in the contract.
Does holiday continue to accrue during sick leave and maternity leave?
Yes. Holiday accrues at the normal rate during all forms of statutory leave, including sick leave, maternity leave, paternity leave, and shared parental leave. Workers on long-term sick leave can carry over up to 4 weeks of unused statutory leave into the next year, to be used within 18 months. Workers unable to take leave due to maternity or family-related leave can carry over all unused statutory leave.
Can unused holiday be carried over to the next leave year?
Under normal circumstances, only the additional 1.6 weeks (8 days for a 5-day week worker) can be carried over, and only by written agreement. The core 4 weeks of EU-derived leave cannot normally be carried over and is forfeited if not taken — provided the employer has given the worker a proper opportunity to take it and informed them it will be lost. The COVID-19 carry-over easement ended in January 2024. Normal carry-over rules apply now.
What is rolled-up holiday pay and is it legal in the UK?
Rolled-up holiday pay is where the holiday pay element is added to the worker's regular pay in each pay period rather than paid separately when leave is taken. From April 2024, it is lawful for irregular hours workers and part-year workers only. The rate is 12.07% of earnings per pay period and must be identified as a separate, labelled line item on the payslip. It cannot be used for workers with fixed regular hours.
How do you calculate holiday entitlement for a worker who starts mid-year?
For fixed-hours workers, pro-rate the annual 28-day entitlement by the proportion of the leave year remaining from their start date. A worker starting halfway through the leave year receives 14 days. For irregular hours workers, no separate pro-rata calculation is needed — the 12.07% per-pay-period method accrues entitlement naturally from the first hour worked.