In the United Kingdom, almost all workers are entitled to 5.6 weeks of paid annual leave per year under the Working Time Regulations 1998. For a worker on a five-day week this equates to 28 days, which may include public and bank holidays at the employer's discretion.

Statutory entitlement

5.6 weeks per leave year (28 days for a five-day worker, pro-rated for part-time staff). Bank and public holidays may be included within the 28 days.

Eligibility

All workers — including part-time, agency, and zero-hours — accrue annual leave from day one. There is no qualifying period.

Employer obligations

  • Provide at least 5.6 weeks of paid leave per leave year, including pro-rated entitlement for part-time staff.
  • Calculate holiday pay based on a 52-week reference period of normal remuneration, including regular overtime and commission (per the Bear Scotland and Lock cases).
  • Allow workers on long-term sick leave to carry over up to four weeks of statutory leave into the next leave year.
  • Pay accrued but untaken leave on termination of employment.

Employee rights

  • Right to be paid your normal week's pay during leave, not just basic salary.
  • Right to take leave in the year it accrues, subject to reasonable employer notice rules.
  • Right to carry over leave that you could not take due to sickness, maternity, or other family leave.

Common pitfalls

  • Using basic salary only when calculating holiday pay — regular overtime, commission, and allowances must usually be included.
  • Forgetting that bank holidays are not a separate statutory entitlement; they count toward the 5.6 weeks unless the contract says otherwise.
  • Failing to pro-rate part-time entitlement correctly when working patterns change mid-year.
  • Rolled-up holiday pay was historically unlawful; it is now permitted only for irregular-hours and part-year workers from 1 April 2024.

How the 5.6-week rule works in practice

A full-time worker on a Monday-to-Friday schedule is entitled to 28 days of paid leave per leave year (5.6 × 5). Most UK employers fold the eight bank holidays in England and Wales into this allowance, leaving 20 days of "discretionary" annual leave plus the bank holidays.

Calculating holiday pay for variable-hours workers

For workers without fixed hours, holiday pay is calculated using a 52-week reference period of weeks in which the worker was paid. Weeks with no pay are excluded and the reference period extends back up to 104 weeks to find 52 paid weeks.

Carry-over rules

Workers on long-term sick leave may carry over up to four weeks of statutory leave into the next leave year, and must be allowed up to 18 months from the end of the leave year to use it.

Frequently asked questions

Do bank holidays count as annual leave in the UK?

There is no statutory right to paid time off on bank holidays. Most employers include the eight bank holidays within the 28-day statutory entitlement; the contract of employment is the source of truth.

Can unused annual leave be paid in lieu?

Only on termination of employment. While the employment continues, workers must take at least four weeks of statutory leave each year — it cannot be bought out.

Sources

This page is provided for general guidance and does not constitute legal advice. Always check the cited primary source for current law before making employment decisions.