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Holiday Pay

An Update on Case Law

ECA’s Employee relations department has produced a detailed guidance note which provides information on the relevant legislation, advice on the correct approach to the calculation of holiday pay and analysis of the impact of the most recent case law.

This guidance provides information and advice on the following:

  • Defining the different types of Holiday Entitlement
  • Eligibility for holiday pay
  • Applicable legislation
  • Case Law developments and the impact of these on holiday calculations
  • Defining general principles for holiday pay calculations
  • JIB holiday pay and different scenarios
  • Further Developments

Further advice is available on the Government Website including guidance on “how to calculate holiday entitlement for workers on different contract types” and “guide to calculating statutory holiday entitlement for workers”.  These can be accessed here.

Additional guidance on Holiday pay and entitlement reforms from 1 January 2024 can be accessed here and includes:

  • Introducing a method to calculate statutory holiday entitlement and rolled-up holiday pay for irregular hours workers and part-year workers
  • removing the Working Time (Coronavirus) (Amendment) Regulations 2020 

ACAS have guidance on holiday entitlement which can be accessed here.