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Simplifying Holiday Entitlements and Pay – changes in 2024

Changes from 1 January 2024

Definition of a week’s pay for holiday purposes

Workers are legally entitled to 5.6 weeks of paid statutory holiday entitlement per year. The first 4 weeks of statutory holiday pay (and all holiday pay paid to irregular hours and part-year workers) must be calculated based on a worker’s ‘normal’ rate of holiday pay.

From 1 January 2024 the regulations confirm what the case law had previously set out, i.e. that the following payments must be included in these calculations:

The remaining 1.6 weeks’ entitlement can be paid at ‘basic’ rate of pay, being the worker’s basic remuneration.

Changes from 1 April 2024

Calculating Statutory Holiday Entitlement for Irregular Hours and Part-Year Workers

Definitions:

The government has also introduced two new definitions for irregular hours workers and part-year workers, as follows:

Method for calculating statutory holiday entitlement for irregular hours and part-year workers:

The new holiday pay calculation method is as follows:  

During the first year of employment the worker receives one twelfth of their statutory entitlement on the first day of each month. Following the first year the worker gets holiday based on statutory and contractual entitlement relating to the proportion of the week that they work (pro-rata, i.e. the method below)

During the first year of employment and beyond, holiday entitlement is calculated at the rate of 12.07% of actual hours worked during the pay period. 

Statutory paid holiday entitlement is capped at 28 days.   

A holiday entitlement calculator is provided here

Permitting the use of rolled-up holiday pay (RHP) once again

Rolled-up holiday pay (RHP) is the practice of paying holiday for people who work irregular hours or part-year workers.

For over 10 years in the UK, RHP has been declared to be unlawful, but it has still been used by a great many employers.   

For leave years on or after 1 April 2024 it is now lawful to pay workers on irregular hours using RHP in the UK. Statutory holiday entitlement can be calculated by taking 12.07% of the hours worked in the pay period.  The change is hugely convenient for employers, as it means they can avoid having to keep detailed records of the irregular hours worked by staff to calculate holiday pay. 

Method for calculating leave accrual during maternity, family or sickness leave

Depending on their employment status, irregular hours and part year workers may take maternity, family or sickness leave during the year.

During maternity, other relevant parental leave, or sickness, a worker continues to accrue annual leave. The new amendments introduce a calculation method for such leave. 

The method is the same as that of the statutory holiday entitlement; for leave years before 1 April 2024 one twelfth of the statutory entitlement on the first day of each month for the first year of employment and pro-rata thereafter. For leave years beginning on or after 1 April 2024, the method being 12.07% of actual hours worked in a pay period.

Examples and guidance can be found here.

What you should do:

For more help and advice, please contact the HR Services Team or contact us via the form below: