Understanding legislation changes to holiday pay and entitlement

luggage feat.jpg.jpg

In June 2023, the Retained EU Law (Revocation and Reform) Act 2023 (“REUL”) received Royal Assent which meant much of the case law brought in by EU courts could be reconsidered by High Courts of the UK.

In addition to this, the UK Government also decided to reverse the decision made in the Harper Trust v Brazel case, which previously stated that it was unlawful for employers to be using the 12.07 per cent holiday pay calculation for employees.

The government hopes these changes will simplify the rules surrounding holiday pay and leave.

Changes with effect from 01 January 2024:

  • Further clarification has been included concerning the calculation of normal pay, according to the Regulations, normal pay is defined as:
  • payments, including commission payments, that are intrinsically linked to the performance of tasks which a worker is contractually obliged to carry out;
    payments for professional or personal status relating to length of service, seniority or professional qualifications; and
  • other payments, such as overtime payments, that have been regularly paid to a worker in the 52 weeks preceding the calculation date.

These calculations are only relevant to the four weeks of holiday leave (derived from EU law). The additional 1.6 weeks of leave can be paid at the “basic” rate of pay.

Workers can carry forward up to 28 days of holiday leave into the following leave year, if:

  • They have been on maternity or other family-related leave;
  • They have been on sick leave (they can only carry over four week’s annual leave derived from EU law);
  • The employer has failed to recognise a right to holiday or a right to paid holiday.
  • The employer hasn’t given them a reasonable opportunity to take their holidays or has failed to encourage them to do so;
  • The employer fails to notify the worker that holiday entitlement will be lost at the end of the leave year.
  • Workers are no longer able to carry forward any leave that could not be taken due to the impact of coronavirus. Employers should inform their workers that any leave carried forward because of Covid-19 must be taken before 31 March 2024.

Changes with effect from 01 April 2024:

  • Employers with a leave a leave year beginning on or after 01 April 2024, can calculate holiday leave & pay for irregular and part-year workers by multiplying the number of hours worked in a pay period by 12.07 per cent.

Two new definitions for irregular hours workers and part-year workers have been added to the Working Time Regulations 1998 (“WTR”). These are as follows:

Irregular
A worker whose number of paid hours that they will work in each pay period under the terms of their contract is wholly or mostly variable.

Part-year
A worker who under the terms of their contract, is required to work only part of that year and there are periods within that year (during the term of the contract) of at least a week which they are not required to work and for which they are not paid.

Employers will also be able to pay irregular and part-year workers holiday pay in each pay period they work based on the 12.07 per cent calculation, this is called rolled-up holiday.

The Pierce payroll team are expert advisors that can guarantee compliance including any recent or upcoming legislation changes. Contact the team today for any help, or advice or if you are considering outsourcing your payroll.

Enjoyed this? Read more from Pierce CA Ltd

Latest news

1

350 homes plan for Camelot approved Camelot plans

350 homes plan for Camelot approved

29 Jun 2026

2

Swim school makes splash with double award success Jo Gribben

Swim school makes splash with double award success

26 Jun 2026

3

BAE Systems donates £50,000 to support Armed Forces community Blackpool Football Club gets support from BAE Systems

BAE Systems donates £50,000 to support Armed Forces community

26 Jun 2026

4

Landmark moment for Eden Project Morecambe Landmark moment for Eden Project

Landmark moment for Eden Project Morecambe

25 Jun 2026

5

Preston consultancy joins growing national group Senior Representatives From Enevo And Aegis

Preston consultancy joins growing national group

25 Jun 2026

Background image for hub sign up block

LBV Hub

Leverage Lancashire Business View platforms

Post your news
Post your events
Post your offers
Build your network
Improve your SEO
Gain coverage in the magazine
Sign-up
Events
LBV129 July/August Magazine Networking Event
Nov/Dec Networking Event
Networking
16 Jul 2026

LBV129 July/August Magazine Networking Event

Brysdales, Britannia Buildings Drumhead Road, Chorley, PR6 7BX

16:00 - 18:00

LBV130 September/October Magazine Networking Event
Jan/Feb Networking Event - Entrance
Networking
17 Sep 2026

LBV130 September/October Magazine Networking Event

The Beehive Blackburn, Shadsworth Business Park, BB1 2Q

08:30 - 10:30

LBV131 November/December Magazine Networking Event
Jan/ Feb Networking Event - Talking
Networking
19 Nov 2026

LBV131 November/December Magazine Networking Event

Lancashire

08:30 - 10:30

How hackers target SMEs - and how to protect your business
Lancashire_gamesdesign_Feb26-2120.jpg.jpg
LBV Hub Seminars
02 Jul 2026

How hackers target SMEs - and how to protect your business

Engineering Innovation Centre, Preston, PR1 2XS

09:30 - 11:30

Chamber Breakfast Networking - July
LBV Hub Networking
02 Jul 2026

Chamber Breakfast Networking - July

The Longlands Hotel, Carnforth, LA6 1JH

08:00 - 10:00

The AI Lab: Marketing Multiplier
Event post 03.07.png.png
LBV Hub Seminars
03 Jul 2026

The AI Lab: Marketing Multiplier

Door4, Burnley Wharf, Manchester Road, Burnley, BB11 1JG

09:00 - 11:30

Society1 Breakfast Social and Coworking Day
LBV Hub Networking
09 Jul 2026

Society1 Breakfast Social and Coworking Day

Society1, Coworking Space, Preston, PR1 3LT

09:00 - 17:00

Clubhouse Business Network sponsored by Orca Finance - July 2026
padel-networkpng.png.png
LBV Hub Networking
09 Jul 2026 - 09 Jul 2026

Clubhouse Business Network sponsored by Orca Finance - July 2026

Clubhouse, Blackburn, BB1 3NT

14:00 - 16:00

Chamber Summer BBQ
LBV Hub Social
09 Jul 2026

Chamber Summer BBQ

The Borough , Lancaster, LA1 1PP

17:30 - 20:00

July Preston Tech Connection Hot Takes
PTC Square July (900 x 900 px).png.png
LBV Hub Networking
15 Jul 2026

July Preston Tech Connection Hot Takes

Society1, Coworking Space, Preston, PR1 3LT

18:00 - 19:03

Preparing for the changes to unfair dismissal
Logo.jpg.jpg
LBV Hub Seminars
15 Jul 2026

Preparing for the changes to unfair dismissal

The Longlands Hotel, Carnforth, LA6 1JH

08:00 - 10:00

Health Live
Logo.jpg.jpg
LBV Hub Exhibitions
16 Jul 2026

Health Live

Lancaster & Morecambe College, Lancaster, LA1 2TY

10:00 - 15:00

Advertise with us

Reaching 50,000 members, our print, digital and event platforms offer a fantastic way to raise your business profile and help you grow.

Find out more LBV124 Online Graphic
Subscribe now

Weekly news bulletin