Calculating holiday pay

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We use cookies to improve your experience of our website. You can find out more or opt-out from some cookies. If your employer has done something that seriously breaches your contract, you might be able to resign and make a claim to an employment tribunal. This is called constructive dismissal. To be successful you’ll need to prove your employer seriously breached your contract and that you resigned in response to it.

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When an employee or worker takes holiday, they should get the same pay when they’re on holiday as when they’re at work — whatever their working pattern. You should calculate your holiday pay from the last full week that you worked. This can end on or before the first day of your holiday. You should only use another 7-day period if that’s how your pay is calculated. For example if your pay is calculated by a week ending on a Wednesday, then you should treat a week as starting on a Thursday and ending on a Wednesday.

If your working hours do not vary part time or full time your holiday pay will be calculated using your usual pay rate. Work out holiday pay if you’re paid monthly on GOV. If your work has no fixed or regular hours, your holiday pay will be based on the average pay you got over the previous 52 weeks. For example, if you do casual work on a zero-hours contract or shifts that change without a fixed pattern.

If for any of the 52 weeks you got no pay at all, use an earlier week in its place for calculating holiday. If you get a small amount of pay for a week, for example Statutory Sick Pay, you should use another week where you received your usual pay for calculating holiday. This is because you should get paid the same when you’re on holiday as when you’re at work. You should only count back as far as needed to get 52 weeks of your usual pay. If necessary, you can look at the pay you got over the previous weeks, but no further.

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