Calculator / Your Rights
Your Holiday Entitlement Rights UK 2026
Think your employer is getting your holiday entitlement or pay wrong? This guide explains your legal rights and gives you a step-by-step process for resolving the issue.
Updated 11 April 2026
Step-by-Step Dispute Resolution
Calculate your entitlement
Use our calculator to work out your statutory minimum. Compare this with what your employer is offering. Write down the difference.
Check your contract
Your employment contract or staff handbook may offer more than the statutory minimum. Many employers give 25 days plus bank holidays. Your contract is the starting point for any discussion.
Raise it informally
Speak to your manager or HR department. Many issues are administrative errors that can be corrected quickly. Keep a note of when you raised it and what was said.
Put it in writing
If informal discussion does not resolve it, write a formal letter or email to your employer. Cite the Working Time Regulations 1998 and set out your calculation clearly. Keep a copy.
Contact ACAS
ACAS provides free, impartial advice on workplace disputes. Call 0300 123 1100 (Monday to Friday, 8am to 6pm) or visit acas.org.uk. They can help you understand your options.
ACAS early conciliation
Before you can make a tribunal claim, you must go through ACAS early conciliation. This is a free service where ACAS tries to help you and your employer reach a settlement without going to tribunal.
Employment tribunal
As a last resort, you can make a claim to an employment tribunal. The time limit is 3 months minus 1 day from the date of the issue. The time limit pauses during ACAS conciliation.
Common Employer Mistakes
- •Not giving pro-rata to part-time workers. Part-time workers must receive 5.6 x their working days per week. Some employers incorrectly give a flat number of days regardless of working pattern.
- •Using 12.07% for permanent term-time workers. Since Harpur Trust v Brazel (2022), permanent workers with variable hours must use the 52-week average, not 12.07%.
- •Not including overtime in holiday pay. Regular voluntary or compulsory overtime must be included in holiday pay for the first 4 weeks of statutory entitlement.
- •Refusing carry-over when legally required. Holiday untaken due to sickness, maternity, or employer prevention must carry over. A blanket "use it or lose it" policy is not always enforceable.
- •Not informing workers they will lose holiday. Employers have a duty to actively encourage and facilitate leave-taking. Simply having a policy is not enough.
- •Imposing a qualifying period. Holiday entitlement starts from day one. There is no legal basis for requiring workers to complete a probation period before accruing annual leave.
Time Limits
Key deadline: 3 months minus 1 day
An employment tribunal claim for unlawful deduction from wages (which includes underpaid holiday) must be submitted within 3 months minus 1 day of the most recent underpayment.
ACAS early conciliation is mandatory before making a tribunal claim. The time limit pauses while conciliation is underway. If conciliation fails, you then have at least 1 month (or the remainder of your 3-month limit, whichever is longer) to submit the tribunal claim.
For ongoing underpayment, you can claim back up to 2 years of underpaid holiday pay, provided there has not been a gap of more than 3 months between deductions.
Key Legislation
Working Time Regulations 1998 (SI 1998/1833)
The core legislation setting the 5.6-week minimum entitlement, carry-over rules, and the framework for holiday pay. Reg 13 covers the first 4 weeks; Reg 13A covers the additional 1.6 weeks.
Part-time Workers Regulations 2000
Makes it unlawful to treat part-time workers less favourably than comparable full-time colleagues. Ensures pro-rata holiday entitlement and fair bank holiday treatment.
Employment Rights Act 1996, s.13
Prohibits unlawful deductions from wages. Underpaid holiday pay is classified as an unlawful deduction, giving workers a route to claim through the employment tribunal.
Employment Rights (Amendment) Regulations 2023
The April 2024 changes: new definitions of irregular hours and part-year workers, 12.07% accrual method, and the legalisation of rolled-up holiday pay for eligible workers.
Useful Contacts
0300 123 1100 (Monday to Friday, 8am to 6pm)
Free advice on employment rights
Official government guidance
Submit a claim online
Template Letter to Your Employer
Adapt this template to your situation. Replace the sections in square brackets with your details.
Dear [Manager/HR Department],
I am writing regarding my holiday entitlement for the current leave year ([dates]).
Under the Working Time Regulations 1998, I am entitled to a minimum of 5.6 weeks of paid annual leave per year. Based on my working pattern of [X days/hours per week], my statutory minimum entitlement is [calculated figure] days/hours.
I have reviewed my records and believe that I have been allocated/paid [current figure] days/hours, which is [less than/does not correctly reflect] my statutory entitlement. [Include specific details of the discrepancy.]
I would appreciate it if you could review my entitlement and confirm the correct figure at your earliest convenience. I am happy to discuss this further.
If you require any additional information, please do not hesitate to contact me.
Yours sincerely,
[Your name]
[Date]