Almost everyone is entitled to some holiday pay. The main exception being a genuinely self-employed person – where there are no holiday rights. So even if you are “casual”, “bank” staff (used now and again by an employer), on a zero hours contract or with an agency etc. you should get some paid holiday.
NOTE: Sometimes, Employers call staff “self-employed”, but if you only work for this business you may still get holiday rights, despite what the Employer suggests – give us a call and we will help.
If your Employer is covered by the Working Time Regs (and most are now, although not the Armed Forces), then you are entitled to at least 28 days paid holiday every year if full time (5.6 weeks) . This can include Bank and Public Holidays, but check your employment contract for more details. Part time workers holiday entitlement is pro rata.
Apart from self-employed people, almost everyone else is entitled to some holiday with pay.
Your contract of employment should tell you more about your holiday entitlement, any restrictions on taking your holiday and how much you will be paid. The Law does not have a lot to say about your holiday entitlement. In fact until the Working Time rules came into force in 1998, there was no legal right to paid holiday. You are entitled to a statement of your main employment terms from your Employer which covers your holiday rights. This should be issued by every employer within 8 weeks of your start date.
If you work part-time, your holiday entitlement is pro rata. There is no minimum hours qualification, so you qualify if you work just a few hours each week, even on a casual basis.
Bank Holidays can count as part of your annual entitlement, providing you receive holiday pay.There is still no right to actually take a Bank Holiday off . If your employer wants you to work over a Bank Holiday compensation like double time or an extra day of holiday is often provided.
How much service do I need
You are entitled to holidays with pay from your first day at work.
Initially you had to qualify for these holiday rights – you needed to work for 13 consecutive weeks for your employer. This is no longer the case. You may not be able to take them immediately – your employer can specify in your contract when you can take holiday. However you do start to earn holiday from your first day at work.
Agency or Casual?
You are entitled to holiday with pay if you work for an Agency and also if you work on a casual basis.