UK law gives you 5.6 weeks paid holiday per year.

How to make a holiday pay claim in the UK: what holiday pay should include, how to work out what you are owed, the time limit, and claiming at tribunal.

Can zero-hours workers claim holiday pay?

Yes. Zero-hours workers are entitled to 5.6 weeks' paid holiday per year, calculated pro-rata based on hours worked. If on 20 hours/week average, you get roughly 5.6 weeks at that hourly rate. Check your payslips to see if holiday was calculated correctly.

How do I claim holiday pay if I work on commission?

For commission-based workers, following case law (British Gas Trading Ltd v Lock, CJEU C-539/12), holiday pay must include regular commission. Calculate your average commission over the 52 weeks prior to the holiday and include it in the holiday pay. If the employer paid flat-rate holiday ignoring commission, you can claim the difference as unlawful deduction.

What is the time limit — can I claim for holiday going back years?

You can claim for unlawful deductions within 3 months (6 months for dismissals and acts on or after 1 October 2026) of the last deduction in a series. However, the tribunal can only award for deductions going back 2 years (for claims presented from 1 July 2015). If you were underpaid for 5 years, you can claim 2 years' shortfall. You must show the deductions form a series to extend the time limit.

What if I was denied the right to take holiday altogether?

If your employer refused to allow you to take holiday, you can claim for the unpaid time off as unlawful deduction from wages. You are also entitled to damages for non-pecuniary loss (injury to feelings) for being denied rest, stress, and health impacts. This claim is stronger than a simple underpayment.

I've carried over holiday for years — am I owed payment?

Statutory holiday (5.6 weeks) that is carried over is owed at the end of employment. However, contracts often cap carried-over holiday or state it is lost. Whether holiday can be carried over between years depends on the contract and the circumstances. If carried-over holiday was denied entirely, you may have a claim for unlawful deduction.

What counts as a 'series of deductions' for the time limit?

A series is a sequence of unlawful deductions arising from the same or similar cause. For example: underpaid holiday every month for 3 years is a series. The time limit clock resets with each deduction, so you have 3 months (6 months for dismissals and acts on or after 1 October 2026) from the last payment to claim the whole series. This extends the 2-year cap.

Is rolled-up holiday pay (lump sum instead of taking time off) lawful?

For most workers, rolled-up holiday pay is unlawful. The law requires you to take rest and be paid for time not worked. However, casual workers with genuinely sporadic work patterns may have rolled-up holiday if the contract is genuinely casual. For regular part-time or full-time workers, rolled-up pay is a breach of the Working Time Regulations and you can claim unpaid holiday.

Entitled to 5.6 weeks paid holiday per year. If you have been underpaid or denied holiday pay, you can bring a tribunal claim for unlawful deduction from wages.

Statutory entitlement per year

Commission, shifts, regular allowances

Maximum tribunal can award

How much holiday pay am I entitled to?

You are entitled to 5.6 weeks' paid holiday per year. How that works out depends on the type of worker you are.

Holiday pay entitlement for full-time workers

5.6 weeks per year = 28 days per year (if a working week is 5 days). This includes bank holidays if your employer chooses to count them towards the 5.6 weeks.

Holiday pay entitlement for part-time workers

5.6 weeks calculated pro-rata on your actual hours. For example, if you work 20 hours per week (full-time is 35), you get 5.6 weeks × (20 ÷ 35) ≈ 3.2 weeks holiday.

Holiday pay entitlement for zero-hours workers

Entitled to 5.6 weeks' paid holiday per year, calculated on average hours worked. If you work 15 hours on average, you receive 5.6 × 15 = 84 hours paid holiday per year.

Holiday pay entitlement for agency workers

After a 12-week qualifying period with the same hirer, agency workers gain holiday entitlement. Calculate pro-rata on actual hours.

Does holiday build up during sick leave or maternity leave?

Holiday continues to accrue during sick leave, maternity, and other protected leave. You cannot lose holiday because you were unwell.

What counts as "normal pay" when calculating holiday pay?

Holiday pay must include regular overtime, commission, shift allowances and other regular payments, not just basic pay.

Following case law (Bear Scotland Ltd v Fulton [2015] (EAT) on regular non-guaranteed overtime; British Gas Trading Ltd v Lock (CJEU C-539/12) on regular commission), holiday pay must include:

• • Basic pay (always)
• • Regular voluntary overtime: If you regularly work overtime and are paid for it, the average overtime must be included in holiday pay.
• • Regular commission: If your salary includes regular commission, the average commission is included.
• • Shift allowances: Regular payments for working particular shifts are included.
• • Other regular non-guaranteed payments: Bonuses, stand-by payments, call-out allowances are included if regular.

Key: "Regular" means you receive it most weeks/months, not one-off or discretionary payments. Calculate the average over 52 weeks and add it to basic pay for holiday calculations.

Can I claim unpaid holiday pay when I leave my job?

Yes. When you leave your job (whether dismissed, resignation, or redundancy), you are owed payment for accrued but untaken statutory holiday.

How to calculate the holiday pay you are owed

Formula: (Annual entitlement ÷ 12 × months worked in the year) − holiday already taken = days/hours owed

Example: Entitled to 28 days per year. Left in June after 4 months. Took 6 days in that time.

(28 ÷ 12 × 4) − 6 = 9.3 − 6 = 3.3 days owed at your normal pay rate.

What rate is accrued holiday paid at?

The payment for accrued holiday must be at your "normal pay" — including overtime, commission, and other regular payments (see section above).

When must the employer pay your accrued holiday pay?

The employer must pay accrued holiday in your final payslip (or within a reasonable time after). If they do not, you can claim the unpaid holiday as an unlawful deduction from wages.

How to make a holiday pay claim: unlawful deduction from wages

Claim type: Unlawful deduction from wages under the Employment Rights Act 1996, section 13. This is the right vehicle for holiday pay claims.

What is the time limit for a holiday pay claim? 3 or 6 months from the last deduction

You must bring a claim within 3 months (6 months for dismissals and acts on or after 1 October 2026) of the last deduction in a series. If you were underpaid holiday each month for a year, the clock starts from the last month's underpayment. This allows you to claim the whole series.

How far back can a holiday pay claim go? Limited to 2 years

The tribunal can only award for deductions going back a maximum of 2 years (for claims presented from 1 July 2015). If you were underpaid for 5 years, you can claim for 2 years only.

Can I claim underpaid holiday pay across several months? Link your deductions as a series

To maximize what you claim, show that the underpayments are part of a series (e.g. systematic underpayment of holiday every month, not isolated incidents). Tribunals will link monthly underpayments into one series spanning the time limit and 2-year lookback.

Who can make a holiday pay claim?

Employees and workers. If you are employed or engaged as a worker (including zero-hours, gig economy, casual — the definition is broad), you can claim.

Do I still get holiday pay on long-term sick leave?

Holiday continues to accrue during sick leave. You do not lose statutory holiday entitlement because you are unwell. At the end of employment, accrued holiday (whether taken during illness or not) must be paid.

If you are on long-term sick leave and your employment ends, calculate accrued holiday on the full period you worked, plus the sick leave period. The employer cannot deny holiday because you were sick.

Evidence to gather for a holiday pay claim

• • Payslips: Show what holiday pay (or lack thereof) was paid each month.
• • Contract of employment: Proves your entitlement and normal pay structure.
• • Holiday records: Days/hours taken, approval, if available.
• • Calculation of actual earnings: If commission or overtime, gather records showing what you earned each week/month to prove average commission or overtime.
• • Email evidence: Any communication showing holidays were approved, taken, or denied.

Frequently asked questions

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Sources: Employment Rights Act 1996 · ACAS guidance · GOV.UK Employment Tribunals