Annual Leave

Most workers in England are legally entitled to 5.6 weeks of paid annual leave per year. This is known as statutory entitlement. Part-time employees receive a pro rata amount, matching the holiday rights of their full-time colleagues.

Key Points

• Statutory entitlement: 5.6 weeks paid holiday per year for all workers.
• Pro rata for part-time: part-time workers get the same proportionate entitlement.
• Employer controls: employers can set times when leave is taken (for example, a Christmas shutdown).
• Payment on termination: unused entitlement must be paid if employment ends.
• Public holidays: there is no automatic legal right to paid time off for public holidays.

Understanding Your Written Statement

From the start of employment, details of your holiday and holiday pay should appear in your written contract or in a written statement of employment particulars. This statement must be provided by the employer no later than two months after the employment begins.

Calculating Your Leave

A “week” of leave must match your usual working week:

• If you work five days a week, you’re entitled to 28 days’ leave (5.6 weeks).
• If you work six days a week, statutory entitlement remains capped at 28 days.
• If you work three days a week, you get 16.8 days’ leave (3 × 5.6).

Employers may agree to provide additional annual leave above the statutory minimum as specified in your contract.

Public Holidays

There is no legal right to paid time off for public holidays unless specified in your contract. If your employer does offer paid public holidays, these can be included within your 5.6-week entitlement. Learn more about public holidays.

Carrying Leave Over to the Next Year

By law, you must take at least 4 weeks of your statutory annual leave during the leave year. Any unused days may be carried over only if your employer agrees.

• Statutory leave (28 days): you may carry over up to 8 days with employer approval.
• Contractual leave (e.g., 35 days): carry-over terms can be written into your contract (for example, up to 10 days).

Workers unable to take leave due to maternity or sick leave can carry forward untaken statutory leave. Employers must allow up to 20 days to be carried over if sickness prevents leave-taking.

Case Law: Plumb v Duncan Print Group Ltd (2015)

In this Employment Appeal Tribunal decision, it was held that when statutory leave is not taken because of sickness, employees may carry it forward for up to 18 months from the end of the leave year it relates to. For example, if the leave year ends 31 December, the worker has until 30 June of the following year to take that leave.