Holiday pay for irregular hours workers and part-year workers is based on their average pay over the previous 52 weeks.
This rule applies regardless of when the worker's leave year starts.
If someone has not been employed for 52 weeks
If a worker has not yet been employed for 52 weeks, their employer should look at how many full weeks they've been employed for.
Weeks when someone is off or did not get paid
There might be weeks in the 52 weeks where the worker:
- was off sick and only received statutory sick pay (SSP)
- was on statutory leave and received less pay – for example they were receiving statutory maternity pay
- received no pay
In this case, the employer should use an earlier week in its place.
An employer should only count back as far as needed to get 52 weeks of a worker's usual pay. If necessary, they can look at the pay the worker got over the previous 104 weeks, but no further.
What holiday pay must include
By law, holiday pay must include:
- payments linked to doing tasks required in the contract, for example commission
- payments related to professional or personal status, for example for length of service, seniority or professional qualifications
- other payments, for example overtime payments, if an employee has regularly been paid these during the last year
Employers must include any relevant payments in the full 5.6 weeks' paid holiday (statutory annual leave).
Get more advice and support
If you have any questions about holiday for irregular hours workers and part-year workers you can contact the Acas helpline.
You can also find advice for all workers on: