Holiday Pay Claims: Entitlement, Normal Pay, and Untaken Leave
Statutory holiday entitlement under the Working Time Regulations 1998, what counts as normal pay, and how to claim untaken or underpaid holiday.
The three things that go wrong
- Entitlement — you were given less leave than the law requires.
- Rate — you took the leave, but it was paid at the wrong rate.
- Termination — you left and accrued, untaken holiday was not paid.
Most holiday disputes are really about the second one, because it is the easiest to get wrong without anyone noticing.
Entitlement
The Working Time Regulations 1998 give most workers 5.6 weeks of paid annual leave. For someone working five days a week that is 28 days, and an employer is allowed to count bank holidays towards it. Note that this applies to workers, not only employees — agency, zero-hours and casual staff are generally covered.
What holiday pay should include
Holiday pay for the core entitlement should reflect normal remuneration, not just basic salary. Depending on your working pattern, that can include:
- Regularly worked overtime.
- Results-based commission that forms part of normal pay.
- Other payments intrinsically linked to performing the job.
If your take-home drops noticeably in a month where you took leave, that is the classic sign of holiday being paid at basic rate only.
Irregular hours and part-year workers
Separate accrual and payment rules apply to irregular-hours and part-year workers, and these have changed in recent years. Do not assume the standard five-day model applies to your pattern — check the current GOV.UK guidance for your situation before relying on a figure.
Untaken holiday on termination
Accrued but untaken statutory holiday must be paid when employment ends. If it is not, that is usually claimed as an unlawful deduction from wages or under the Working Time Regulations.
Facts to organise
- Your working pattern and contractual holiday entitlement.
- The leave year, days accrued, days taken, and days outstanding.
- Payslips showing what you were paid for holiday weeks versus working weeks.
- Evidence of regular overtime or commission that should have been included.
- The termination date and any final payment breakdown.
Time limits and ACAS
Wages and holiday claims are generally subject to a three-month-less-one-day limit running from the deduction (or the last in a series), and you must notify ACAS first. Delay is the most common way these claims are lost — see ACAS and time limits.
How TribunalKit supports this draft
TribunalKit asks structured questions about your entitlement, what you were paid, and the shortfall you say arises, then produces a source-linked draft that traces back to your figures. You check the arithmetic and the filing position before use.
Product page: TribunalKit unpaid wages builder.
FAQ
How much statutory holiday am I entitled to?+
Under the Working Time Regulations 1998, most workers are entitled to 5.6 weeks' paid annual leave. For a five-day week that is 28 days, and an employer may include bank holidays within that entitlement.
Should holiday pay include overtime and commission?+
Holiday pay for the core entitlement should generally reflect normal remuneration, which can include regularly worked overtime and results-based commission. Paying basic salary only can therefore underpay holiday.
What happens to holiday I did not take when I leave?+
Accrued but untaken statutory holiday should be paid on termination. Failure to pay it can be claimed as an unlawful deduction from wages or under the Working Time Regulations.
Do agency workers, zero-hours and irregular-hours workers get holiday?+
Yes. Workers, not only employees, are entitled to statutory paid annual leave. Separate rules apply to how leave accrues and is paid for irregular-hours and part-year workers, so check the current GOV.UK guidance for your working pattern.
Can TribunalKit calculate what I am owed?+
No. TribunalKit organises a draft from your own figures and facts. It does not compute your entitlement for you, assess merits, or give legal advice.