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How do I make sure I manage holiday entitlement legally?

As well as employees, ‘workers’ are also entitled to the statutory minimum leave entitlement. Do ensure that you regularly review employee and worker status in your organisation.

Workers are legally entitled to 5.6 weeks paid holiday per year. You can include bank holidays as part of the statutory annual leave, they do not have to be given as paid leave.

For someone working 5 days per week, this means you must give at least 28 days paid annual leave (the equivalent of 5.6 weeks). Of course some employers give more than the minimum.

A part-time worker will get less paid holiday than a full-time worker. People who work irregular hours (e.g. term-time work, or work with shift patterns) also need to have their leave calculated carefully. Take advice if you need help with calculating this fairly.

Common pitfalls in managing holiday legally can be managed by getting the drafting of your employment contracts and staff handbook correct, for what you need to achieve operationally. Those pitfalls include:

  • Correctly calculating the accrual of holiday during sickness, maternity, paternity or adoption leave.
  • Handling the carry over of any leave.
  • System for booking time off (including notice periods).
  • Our specialist team can assist you to get this right.

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