Work out the accrued-but-untaken holiday your employer must pay you when you leave — the pro-rata (A×B)−C rule from the Working Time Regulations 1998.
Statutory minimum is 5.6 weeks (28 days for a 5-day week). Enter your figures.
| Rule | Detail |
|---|---|
| Statutory entitlement | 5.6 weeks per year (28 days for a 5-day week) |
| On leaving | Accrued minus taken, paid in lieu |
| Accrual formula | entitlement × (proportion of leave year worked) − taken |
| A day's pay | A week's pay ÷ working days per week |
| Pay basis | Normal remuneration (regular overtime/commission included) |
Regulation 14 pays accrued untaken statutory leave when the job ends. A 'week's pay' for variable pay uses a 52-week average (ERA 1996 ss.221–224). Source: Working Time Regulations 1998, reg 14.
Yes. Under the Working Time Regulations 1998 (regulation 14), any statutory holiday you've accrued but not taken by your last day must be paid in lieu. The amount is your accrued entitlement for the part-year worked, minus holiday already taken, valued at a day's pay.
Take your annual entitlement (statutory minimum 5.6 weeks, i.e. 28 days for a five-day week), multiply by the proportion of the holiday year you worked before leaving, then subtract the days you already took. What's left is paid out.
Yes — an employer can require you to use accrued holiday during your notice period by giving the correct notice (twice the length of the leave). Holiday taken this way reduces what's paid out.
If you've taken more statutory leave than you'd accrued by your leaving date, your employer can only recover the excess if your contract or a written agreement clearly allows a deduction. Without that, they generally cannot claw it back.
No. Holiday pay must reflect your 'normal remuneration', which includes regular overtime, commission and similar payments. For variable pay, a week's pay is averaged over the previous 52 worked weeks.