Learn · UK SME employment term

UK statutory holiday entitlement

Definition

UK statutory holiday entitlement is the minimum paid leave a UK worker is entitled to under the Working Time Regulations 1998 — 5.6 weeks per leave year, made up of 4 weeks under Regulation 13 and an additional 1.6 weeks under Regulation 13A, capped at 28 days for a full-time 5-day worker.

Published 10 June 2026 · Sources verified 2026-06-10

How it works

Every UK worker — not only employees — is entitled to 5.6 weeks of paid annual leave per leave year. The entitlement has two parts: 4 weeks under Regulation 13 of the Working Time Regulations 1998 (originally derived from EU law), and an additional 1.6 weeks under Regulation 13A (the UK top-up added from April 2009). The statutory maximum is 28 days, so someone working 6 days a week still caps at 28 days, not 33.6. Full-time staff on a 5-day week receive 28 days; gov.uk confirms this is the standard position.

Part-time workers get a pro-rata share: multiply the number of days worked per week by 5.6. A 3-day-per-week worker is entitled to 16.8 days per leave year, as Acas illustrates. Bank holidays sit outside the statute — there is no separate statutory right to take them off — so employers choose in the contract whether the 5.6 weeks includes them or sits on top.

For leave years beginning on or after 1 April 2024, irregular-hours workers and part-year workers accrue holiday at 12.07% of hours worked in each pay period. The figure comes from 5.6 ÷ 46.4 working weeks. Gov.uk's reform guidance sets this out, alongside the reinstated option of rolled-up holiday pay (an extra amount paid with every payslip) for these two cohorts only. Workers on regular hours continue under the standard 5.6-weeks model.

What it isn't (common confusions)

Bank holidays are not separately statutory. There is no legal right to a paid day off on Christmas Day or the King's Birthday Bank Holiday in their own right. The 5.6 weeks may include them or exclude them — that is a contractual choice. Employers who close on bank holidays usually count those days toward the 28-day total.

5.6 weeks is a floor, not a ceiling. Many UK employers offer 25 days plus bank holidays (roughly 33 days), and that is fine — statute sets the minimum. Anything above 5.6 weeks is contractual leave and can carry different rules on carry-over, pay-in-lieu and notice.

Leave year is not the calendar year. Under Regulation 13(3) of the Working Time Regulations, the leave year is whatever the contract says. If the contract is silent, it starts on 1 October 1998 for workers in post before then, or on the worker's start date for anyone who joined later. Many SMEs run an April-to-March leave year to align with payroll; others use the worker's anniversary date.

How WagePerks does this

WagePerks Absence calculates statutory entitlement automatically for full-time, part-time and irregular-hours workers — including the 12.07% accrual method for the post-April-2024 cohorts and optional rolled-up holiday pay flags. The holiday entitlement & accrual 2026 guide walks through worked examples. Absence tracking is one of the eleven modules included at £4.50 per employee per month, all-in, white-label included, rolling monthly.

Related on WagePerks

Sources

Sources verified 2026-06-10. We re-verify quarterly.

Common questions

Does statutory holiday entitlement include bank holidays?
No — bank holidays are not a separate statutory right. The 5.6 weeks of paid leave may include bank holidays or sit on top of them, depending on what the employment contract says. Many UK employers count bank holidays toward the 28-day total for full-time staff.
How do I calculate holiday for an irregular-hours worker after the 2024 reforms?
For leave years starting on or after 1 April 2024, irregular-hours and part-year workers accrue holiday at 12.07% of the hours they actually work in each pay period. You can also pay them rolled-up holiday pay — an extra amount added to every payslip — instead of paying when leave is taken. Both options apply only to these two cohorts.
Can my employee carry over unused holiday into the next leave year?
The 1.6 weeks under Regulation 13A can be carried over by written agreement, but the 4 weeks under Regulation 13 generally cannot, except where statutory leave was prevented (for example by long-term sickness or family leave). Anything above the 5.6-week statutory minimum is governed by the contract.

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Eleven modules. £4.50 per employee per month. White-label included. Rolling monthly.

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