Calculate correct holiday pay for term-time and part-year workers following updated UK employment law.
Calculate Your Holiday Entitlement
Frequently Asked Questions
Since 2024, term-time workers use the 52-week average method. Total annual hours are divided by 52 to get average weekly hours, then multiplied by 5.6 weeks holiday entitlement.
The Employment Rights (Amendment) Act 2023 replaced the 12.07% method for part-year workers with a 52-week average. This means the calculation is based on actual average hours, not just term-time hours.
The 12.07% method is no longer the correct calculation for part-year workers since the Harpur Trust v Brazel Supreme Court ruling and the 2023 regulations. Use the 52-week average.
Yes. Teaching assistants, school support staff, and other part-year education workers are term-time workers and entitled to holiday calculated on the 52-week average method.
Holiday must be taken during holidays or paid as rolled-up holiday pay added to each week's wages. Schools often use rolled-up pay or require holiday to be taken in school holidays.
The Supreme Court ruled in 2022 that part-year workers cannot have holiday pay capped proportionally. They must receive the same 5.6 weeks as full-year workers. The 2023 regulations then updated the calculation method.
Yes. Under UK law, holiday continues to accrue throughout employment including non-working periods in a part-year contract.
Bank holidays fall within the 28-day statutory entitlement. Term-time workers must receive bank holiday entitlement pro-rated to their hours under the new calculation method.
Rolled-up holiday pay means adding holiday pay (12.07% for pre-2024 or average-based for post-2024) to each week's wages instead of paying it when holiday is taken.
Yes, term-time contracts can specify non-working periods. But the worker's holiday entitlement must still be based on 5.6 weeks using the 52-week average method.
Calculate accrued holiday using the 52-week average method for weeks worked. Pay out any untaken days at the average daily rate.
Only weeks where the worker was paid count in the 52-week lookback. Holiday weeks and unpaid leave weeks are excluded and the look-back extended to find 52 paid weeks.