Checklist for departing staff
Career break arrangements letter
All Individuals hired personally to work under contracts of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work., People hired to work on an as required basis, sometimes known as seasonal workers. and Staff supplied by a recruitment agency to work for a business under a contract made between the agency and the business. are entitled to take a minimum period of time off work each year as holiday leave. As an A person or business hiring one or more staff members., you must organise the needs of your business so that Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. are able to take their full entitlement and can use the time in order to take a complete break away from work.
Note that, for leave years beginning on or after 1 April 2024, you are permitted to pay People hired to work on an as required basis, sometimes known as seasonal workers. 'rolled-up Payment made by an employer to a worker during the worker's holiday time off work.' in each pay period instead of giving them paid time off. See Q&A 12 for further guidance on rolled-up Payment made by an employer to a worker during the worker's holiday time off work..
Your key obligations are as follows:
you must pay Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. at least the same amount as you normally do whilst they are on Paid time off work to which members of staff are entitled each year, also known as holiday leave. (unless, in the case of People hired to work on an as required basis, sometimes known as seasonal workers., you choose to pay them 'rolled-up Payment made by an employer to a worker during the worker's holiday time off work.' in each pay period instead of giving them paid time off) (see Q&A 9);
Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. are entitled to a minimum period of notice if you refuse to allow them time off when they request it, or if you will require them to take their leave at a specific time (see Q&A 17 and following);
your Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. will continue to accrue their full Paid time off work to which members of staff are entitled each year, also known as holiday leave. entitlement (or rolled-up Payment made by an employer to a worker during the worker's holiday time off work., if applicable) whilst on sick leave and whilst on maternity, adoption or A process by which certain members of staff who are parents of a newborn or recently adopted child can share a period of leave from work to care for their child, provided certain criteria are met. During this time, they will be entitled to the benefit of all terms in their contract of employment (except remuneration terms) and afterwards they are entitled to return to work. or A period of leave from work available to employees following the loss of a child under 18, or a stillbirth after 24 weeks of pregnancy. This right may also be referred to as 'Jack's Law'. and if this leave cannot be taken in the relevant The period in which a staff member must take his annual holiday leave. because of the member of Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer.'s absence, you are required to allow them to roll it over so that it can be used in the subsequent year (see Q&A 22 and following);
if a Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member leaves your employment part way through the The period in which a staff member must take his annual holiday leave. having taken less than the proportion of leave they are entitled to by that point in the year, you must pay them for the proportion of leave that they have not taken (see Q&A 32); and
you must provide all Individuals hired personally to work under contracts of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. and People hired to work on an as required basis, sometimes known as seasonal workers. with written information about their holiday entitlement and Payment made by an employer to a worker during the worker's holiday time off work. (including their bank and public holiday entitlement) on or before the day they start working for you. This information will typically be included in their employment or A person hired to work on an as required basis, sometimes known as a seasonal worker. contract (see Employment contracts or Contracts for casual workers for more information).
For a basic Paid time off work to which members of staff are entitled each year, also known as holiday leave. policy that you can customise for your business, see Staff handbook and policies.
All Individuals hired personally to work under contracts of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work., People hired to work on an as required basis, sometimes known as seasonal workers. and Staff supplied by a recruitment agency to work for a business under a contract made between the agency and the business. are entitled to a minimum period of Paid time off work to which members of staff are entitled each year, also known as holiday leave. each year, which must be paid at their normal rate. However, in the case of People hired to work on an as required basis, sometimes known as seasonal workers., for leave years beginning on or after 1 April 2024, you are permitted to pay them 'rolled-up Payment made by an employer to a worker during the worker's holiday time off work.' in each pay period instead of giving them paid time off. See Q&A 12 for further guidance.
Yes; Staff supplied by a recruitment agency to work for a business under a contract made between the agency and the business. are entitled to Paid time off work to which members of staff are entitled each year, also known as holiday leave.. This will usually be the responsibility of the agency that supplied them to you (since in most cases, your contract is with the agency rather than with the A staff member who has an obligation to do their work personally for someone who is not their client or customer. direct, and the A staff member who has an obligation to do their work personally for someone who is not their client or customer. is employed directly by the agency). You should liaise with the agency about how to deal with the absence and check your contract with the agency to see whether there is a requirement for the agency to provide you with a replacement.
Note that after Staff supplied by a recruitment agency to work for a business under a contract made between the agency and the business. have worked for you for 12 continuous weeks, they will be entitled to any additional entitlement that equivalent members of Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. in your business are allowed; it is usually the responsibility of the agency that supplied the A staff member who has an obligation to do their work personally for someone who is not their client or customer. to ensure that they receive the leave they are entitled to, but the agency may need to ask you for information about your holiday policies in order to do this and you are required to cooperate.
See Agency workers for more information about the practicalities of using Staff supplied by a recruitment agency to work for a business under a contract made between the agency and the business. .
No; self-employed People, in business for themselves, who provide services to others. They may be individuals simply working under their own names, or may offer services through companies or partnerships. Sometimes known as consultants or independent contractors. are not entitled to paid Paid time off work to which members of staff are entitled each year, also known as holiday leave., so any holiday arrangements will need to be agreed between you and the A person, in business for himself, who provides services to others. He may be an individual simply working under his own name, or may offer services through a company or partnership. Sometimes known as a consultant or independent contractor..
See Freelancers (self-employed staff) for more information about the practicalities of using People, in business for themselves, who provide services to others. They may be individuals simply working under their own names, or may offer services through companies or partnerships. Sometimes known as consultants or independent contractors. .
Eligible Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. are entitled to a minimum of 5.6 weeks paid holiday leave every year, which is equivalent to 28 days per year for a full-time member of Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer.. If you will require your Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. to take bank holidays, the 28-day entitlement can include these days; see Q&A 20 for further information about this.
For part-time Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer., this amount is pro-rated according to how many days per week the Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member works.
In the case of People hired to work on an as required basis, sometimes known as seasonal workers., for leave years beginning on or after 1 April 2024, you are permitted to pay them 'rolled-up Payment made by an employer to a worker during the worker's holiday time off work.' in each pay period instead of giving them paid time off. See Q&A 12 for further guidance.
You can offer your Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. more holiday than the legal minimum in their contracts, but you are not allowed to give them less than this amount. For a template Paid time off work to which members of staff are entitled each year, also known as holiday leave. policy that you can customise for your business, see Staff handbook and policies.
For part-time Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer., you should take the entitlement of a full-time Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member (a minimum of 28 days per year) and pro-rate it according to how many days of the week they work.
The easiest way to calculate leave entitlement is to use the government's holiday leave calculator. This calculator covers all sorts of working patterns, such as full-time, part-time, shift work, and casual or irregular hours.
The easiest way to calculate leave entitlement is to use the government's holiday leave calculator. This calculator covers all sorts of working patterns, such as full-time, part-time, shift work, and casual or irregular hours.
In the case of irregular hours (casual) Staff members who have an obligation to do their work personally for someone who is not their client or customer. , you may either:
accrue their holiday entitlement at the rate of 12.07% of their actual hours worked in a pay period (rounded up or down to the nearest hour) on the assumption they are entitled to the statutory minimum of 5.6 weeks holiday per year;
accrue their holiday entitlement at the rate of (total holiday entitlement ÷ remaining working weeks in the year) x 100, if they are entitled to more than 5.6 weeks holiday per year; or
for leave years beginning on or after 1 April 2024, pay them 'rolled-up Payment made by an employer to a worker during the worker's holiday time off work.' in each pay period, instead of giving them paid time off. See Q&A 12 for further guidance.
If an An individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. joins or leaves your business part way through the The period in which a staff member must take his annual holiday leave., they will accrue leave for that year on the first day of each month they are working for you at the rate of one twelfth of their annual entitlement (rounded up to the nearest half day), which would equate to 2.5 days per month for someone who works full-time and gets the minimum 28 days' holiday per year.
In the case of irregular hours (casual) Staff members who have an obligation to do their work personally for someone who is not their client or customer. , you may either:
accrue their holiday entitlement at the rate of 12.07% of their actual hours worked in a pay period (rounded up or down to the nearest hour) on the assumption they are entitled to the statutory minimum of 5.6 weeks holiday per year;
accrue their holiday entitlement at the rate of (total holiday entitlement ÷ remaining working weeks in the year) x 100, if they are entitled to more than 5.6 weeks holiday per year; or
for leave years beginning on or after 1 April 2024, pay them 'rolled-up Payment made by an employer to a worker during the worker's holiday time off work.' in each pay period, instead of giving them paid time off. See Q&A 12 for further guidance.
The easiest way to calculate leave entitlement is to use the government's holiday leave calculator. This calculator covers all sorts of working patterns, such as full-time, part-time, shift work, and casual or irregular hours.
During Paid time off work to which members of staff are entitled each year, also known as holiday leave., Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. should earn at least the same amount as they do normally. This is simple if you pay Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. a fixed amount (eg a monthly salary); they should be paid the same as they are usually paid when they are at work.
The situation is more complex for Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. whose pay is variable, perhaps because it is partly made up of commission or overtime or because their hours are variable (eg because they are on zero-hours contracts or A flexible employment arrangement whereby the employee works a set number of hours over the entire year, distributed according to business need. contracts); see Q&A 10 for how to make the calculation.
Note that in the case of casual and irregular hours Staff members who have an obligation to do their work personally for someone who is not their client or customer. , for leave years beginning on or after 1 April 2024, you are permitted to pay 'rolled-up Payment made by an employer to a worker during the worker's holiday time off work.' in each pay period instead of giving them paid time off. See Q&A 12 for further guidance.
You should pay Payment made by an employer to a worker during the worker's holiday time off work. to your Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. in the same way as usual eg on their usual payday via your payroll system.
If you use payroll software, it may be able to work out Payment made by an employer to a worker during the worker's holiday time off work. for your Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. automatically.
If you need to calculate Payment made by an employer to a worker during the worker's holiday time off work. yourself, you must work out the Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member's average pay over the preceding 52 working weeks and base their Payment made by an employer to a worker during the worker's holiday time off work. on this. The steps are listed below, but note that you are only legally required to take account of overtime, bonus and commission payments in the first four weeks' Payment made by an employer to a worker during the worker's holiday time off work.. You can of course choose to include these extras in your calculations for all Payment made by an employer to a worker during the worker's holiday time off work. if you want.
To calculate Payment made by an employer to a worker during the worker's holiday time off work.:
Find the correct 52-week period
Use the 52 weeks in which your Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member has worked their contracted hours immediately before the first day of holiday. For these purposes, you should use the last whole week that was worked ending on or before the first day of leave, starting on a Sunday and ending on a Saturday (unless the Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member's pay is calculated weekly by a week ending on a day other than a Saturday, in which case the week ends on whichever day that is).
Ignore any weeks in which your Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member has not worked and not been paid, or any weeks in which they have been off work on sick leave and use earlier weeks instead, so that you have 52 in total. You can count back across a maximum of 104 weeks in total to find 52 qualifying weeks.
If you do not have 52 weeks of pay data to use, you should use the maximum number of whole weeks of pay information that you have available to you (excluding any weeks where your Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member was not paid).
Calculate the Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member's normal pay over the 52-week period
Add up the following sums paid during the 52 weeks:
wages;
payments, including commission payments, that are intrinsically linked to the performance of tasks which a A staff member who has an obligation to do their work personally for someone who is not their client or customer. is contractually obliged to carry out;
payments relating to professional or personal status relating to length of service, seniority or professional qualifications;
other payments regularly paid to a A staff member who has an obligation to do their work personally for someone who is not their client or customer. over the past 52 weeks, such as overtime payments;
any regular bonuses, such as those that are paid monthly, but not discretionary bonuses (eg occasional performance-based bonuses) or, for example, a Christmas bonus (legally applicable to the first four weeks of leave only).
Calculate the Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member's average pay
To calculate average weekly pay, divide by 52 the normal pay figure you have arrived at by carrying out the steps above.
To calculate average daily pay, divide the normal pay figure by the number of days actually worked over the 52-week period (ie excluding days off and weekends).
To calculate average hourly pay, divide the normal pay by the number of hours actually worked over the 52-week period.
It is then a simple matter to multiply up the weekly, daily or hourly pay as appropriate for the period of leave.
If your Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member has not yet worked a full week before they take Paid time off work to which members of staff are entitled each year, also known as holiday leave., instead of carrying out the calculation above, you must determine what amount fairly represents a week's pay. To do so, you must take into consideration their level of pay, any pay they have already received from you, and what other members of Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. doing a comparable role for you are paid.
If you employ a permanent A flexible employment arrangement whereby the employee works a set number of hours over the entire year, distributed according to business need. An individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work., their Payment made by an employer to a worker during the worker's holiday time off work. must be calculated by taking their average pay over the previous 52 weeks, ignoring any weeks not worked. See Q&A 10 for how to make the calculation.
Rolled-up Payment made by an employer to a worker during the worker's holiday time off work. means that you include an additional amount with every payslip to cover your A staff member who has an obligation to do their work personally for someone who is not their client or customer. 's Payment made by an employer to a worker during the worker's holiday time off work., as opposed to giving them paid holiday leave. You are allowed to use this method for calculating Payment made by an employer to a worker during the worker's holiday time off work. for casual (irregular hours) Staff members who have an obligation to do their work personally for someone who is not their client or customer. and part-year Staff members who have an obligation to do their work personally for someone who is not their client or customer. only, for leave years beginning on or after 1 April 2024.
To calculate a A staff member who has an obligation to do their work personally for someone who is not their client or customer. 's rolled-up Payment made by an employer to a worker during the worker's holiday time off work., add 12.07% of a A staff member who has an obligation to do their work personally for someone who is not their client or customer. 's total pay in each pay period (assuming your A staff member who has an obligation to do their work personally for someone who is not their client or customer. is entitled to the statutory minimum of 5.6 weeks annual holiday leave). This additional amount should be paid at the same time the A staff member who has an obligation to do their work personally for someone who is not their client or customer. is paid for the work done in that pay period.
If you intend to start using rolled-up Payment made by an employer to a worker during the worker's holiday time off work., make sure you check your A staff member who has an obligation to do their work personally for someone who is not their client or customer. 's contract, in case you need to ask them to agree to a variation of contract. You should also make sure the rolled-up Payment made by an employer to a worker during the worker's holiday time off work. is shown as a separate item on each payslip, and make sure your A staff member who has an obligation to do their work personally for someone who is not their client or customer. is aware that this means they will not be paid when they take holiday time off.
If you do not want to use rolled-up Payment made by an employer to a worker during the worker's holiday time off work. for irregular hour and part-year Staff members who have an obligation to do their work personally for someone who is not their client or customer. , you can continue to use the 52-week reference period set out in Q&A 12 to calculate Payment made by an employer to a worker during the worker's holiday time off work..
If a A staff member who has an obligation to do their work personally for someone who is not their client or customer. who receives rolled-up Payment made by an employer to a worker during the worker's holiday time off work. goes off sick or takes A period of leave from work available to employees with children under the age of 18, in order to allow them to care for their children. (if eligible) during a pay period, their rolled-up Payment made by an employer to a worker during the worker's holiday time off work. should be calculated according to the average amount of their total earnings in each pay period during the 52-week relevant period.
You can specify how a leave request is to be made and how much notice is to be given in your contract with the Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member and it is common to use an online holiday leave service to manage this process. Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. will then need to comply with your specified policy. For a template Paid time off work to which members of staff are entitled each year, also known as holiday leave. policy, see Staff handbook and policies.
If you have not specified how a request must be made, then Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. must make requests twice the number of days in advance as the number of days they wish to take for holiday. For example, if a Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member wishes to take two days' holiday, they should make their request at least four days before they wish to go on holiday.
If a Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member gives you less notice than is required (see Q&A 14), it is up to you whether or not you allow them to take the holiday, but you should try to balance the effect on Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. morale in refusing late requests with any inconvenience to your business if your Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. take time off at short notice (particularly for shorter periods of leave). However, it is legitimate to deny a request if the Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member gives short notice and you cannot arrange cover in time, for example, even if this means that the Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member loses some unused holiday at the end of the year (see Q&A 22 for further information about carrying holiday over into a subsequent year).
See Q&A 17 for further information about other situations in which you may refuse a Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member's leave request.
If a Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member takes holiday without giving any notice at all or despite you having refused a request they previously made, your first step should be to attempt to contact them to hear their explanation. If they claim they are sick, see Dealing with sickness absence for information about how to deal with the matter.
However, if the Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member had no good reason for their unauthorised absence, then you can treat this as Unacceptable or improper behaviour. You must ensure you follow a fair disciplinary procedure, particularly if the outcome could be the dismissal of the Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member; see Taking disciplinary action for further information about this and Staff handbook and policies for a template disciplinary procedure.
Once you receive a holiday request, it is up to you whether you accept or deny it. However, you should always Alternative Investment Market, a sub-market on the London Stock Exchange for growing companies to act fairly and reasonably. You cannot consistently deny requests, given that Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. are legally entitled to take holiday at some point in the year; if you repeatedly refuse a Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member's requests without good reason, you risk a complaint or formal A concern, problem or complaint which a member of staff raises with his employer. (for further information on Concerns, problems or complaints raised by a member of staff with his employer., see Handling grievances).
If you do deny a request, you must tell the Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member at least the same number of days in advance of the proposed leave as the Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member is proposing to take, but in practice you should do so as soon as possible.
You must be careful when considering holiday requests that have been made for religious events or reasons; see Q&A 21 for information about this.
It is common for leave requests to increase around the summer/Christmas/bank holiday periods and over school holiday times. There are no legal rules governing how you should decide which Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. members should be given priority, although you may wish to operate a first come, first Delivered or sent documents to someone for use in court proceedings in a way that complies with court rules. policy, or for periods like Christmas, request that Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. inform you of what days they wish to take off well in advance so that you can make the necessary operational plans for your business.
You may decide to shut the office for particular periods (such as Christmas) and require all Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. to take leave during this time, or specify that nobody can take leave during a particular period; see Q&A 19 for information about this and Staff handbook and policies for a template policy providing for you to shut the office during certain periods.
Yes; it is open to you to impose some restrictions around when Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. leave is taken. For example, you may specify that Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. cannot take leave in the week preceding the end of the financial year or at a specified peak time for your business. Conversely, you may require Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. to take leave at a particular time during the year, such as when the office shuts down over the Christmas period or during a quiet point in the summer.
If you wish to impose a restriction, you may include this in the Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member's contract, or otherwise write to or email your Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. in advance to tell them. It is best practice to communicate clearly with your Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. to explain why you want to specify or restrict when they take their leave. You are required to give the following minimum amount of notice, although in practice you should tell Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. as far in advance as possible in order to allow them to organise their leave across the year:
If you wish to make Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. take leave on specific days, you must inform them at least twice the number of days in advance as you wish for them to take. For example, if you wish to require all your Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. who would otherwise be working to take 27-30 December (four days) as holiday, then you must tell them at least eight days in advance.
If you wish to prevent Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. taking holiday on particular days, then you need only inform them the same number of days in advance as you are preventing them from taking. For example, if you wish to prevent Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. from taking holiday during the final fortnight of your financial year, you must give a fortnight's notice of this.
Note that where Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. have been on sick leave or on A period of leave from work available to pregnant women and women who have recently given birth, during which they are still entitled to the benefit of all terms in their contract of employment (except remuneration terms), and after which they are entitled to return to work. during a period which you had designated as a compulsory leave period for your Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer., you must allow them to take leave at another point instead or carry the leave over into the following The period in which a staff member must take his annual holiday leave. if this is not possible; see Q&A 22 for further information about this.
See HR policies for further information about setting policies in relation to holiday entitlement and Staff handbook and policies for a template policy that you can customise for your business.
Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. are not automatically entitled to take bank or public holidays off work, and you therefore do not have to allow Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. to take these days in addition to their minimum holiday entitlement (the only exception to this is that some banking sector Staff members who have an obligation to do their work personally for someone who is not their client or customer. automatically get bank holidays as days off work). There is also no legal right for Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. members to be paid extra for working a bank or public holiday.
The matter therefore comes down to what you have set out in your contract with the Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member; many A people or businesses hiring one or more staff members. of office-based Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. will close the office on bank and public holidays and require Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. to take these days as leave, and include the days within their Paid time off work to which members of staff are entitled each year, also known as holiday leave. allowance for the year.
For part-time Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer., you cannot make them use leave to take a bank holiday off if it does not fall on a normal working day for them - you must treat it the same as any other non-working day for them.
No. You do not have to allow your Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. time off work for religious reasons in addition to their normal holiday leave entitlement. It is perfectly acceptable to require Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. to use their holiday leave to take time off for religious events. When doing so, Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. will be subject to the usual notice requirements (see Q&A 14 for further information about this) and you have discretion about whether or not to allow the leave request, as usual.
However, when considering leave requests for religious reasons, you must be very careful not to treat Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. less favourably than other Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. as a result of their race, religion or beliefs, or introduce any sort of practice which results in those Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. members being put at a disadvantage unless you have good reason for this; if you do, this could result in a Treating someone differently directly or indirectly because of their age, disability, gender reassignment, marriage or civil partnership status, being pregnant and/or being on maternity leave, race, religion or belief, sex or sexual orientation. claim. You should take a fair and consistent approach to all Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. members' requests for time off work for religious purposes, carefully balancing the needs of running your business against the requests of your Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer.. You should never deny a Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member time off specifically because of their religion, or have any sort of a policy which leads to your always denying Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. time off on particular days if you do not have good reason for doing so.
However, it can be legal and legitimate to deny a request for leave if there is a real business need for your Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member to work at that time, and there is no reasonable alternative means to satisfy that business need. For example, if your business requires Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. on site on Sundays to carry out time-sensitive work and you need everyone present to complete that work, it would not amount to religious Treating someone differently directly or indirectly because of their age, disability, gender reassignment, marriage or civil partnership status, being pregnant and/or being on maternity leave, race, religion or belief, sex or sexual orientation. to deny a committed Christian time off to attend church.
It is important to note that members of the same religion or belief do not necessarily follow all the practices and observances of that religion. You should not assume that all followers of the same religion will have the same requirements or request time off for every religious event.
In addition to allowing your Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. to take paid holiday leave for religious events where possible, you could also consider offering flexitime working arrangements, discretionary time off to be made up later, and/or unpaid leave in certain circumstances. For more information on A working arrangement which is different to the normal working pattern. For example, it might involve working fewer or different hours, or working from home on certain days. , see Flexible working requests.
No. Normally, at least four weeks of a full-time Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member's minimum Paid time off work to which members of staff are entitled each year, also known as holiday leave. entitlement must be used in the The period in which a staff member must take his annual holiday leave. in which it falls due, unless the law requires otherwise. See Q&A 23 for guidance on when you may be required to allow carry over of leave.
You and your Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member can agree to carry over their remaining weeks of leave (although you do not have to allow this).
Previously, your Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. could carry over four weeks' leave into the next 2 years if they could not take it because their work was affected by coronavirus. However, Staff members who have an obligation to do their work personally for someone who is not their client or customer. can no longer accrue COVID carryover leave. They must have used any leave they accrued prior to 1 January 2024 before or on 31 March 2024. If their employment terminated on or before 31 March 2024, they can claim pay in lieu for any outstanding carried over leave.
See Q&A 23 for further guidance on carrying over Paid time off work to which members of staff are entitled each year, also known as holiday leave..
There are different rules about the first four weeks of Paid time off work to which members of staff are entitled each year, also known as holiday leave. and the weeks that remain beyond that:
First four weeks
At least four weeks of a full-time Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member's minimum Paid time off work to which members of staff are entitled each year, also known as holiday leave. entitlement must be used in the The period in which a staff member must take his annual holiday leave. in which it falls due. You cannot agree with a Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member (in their contract or otherwise) to allow this leave to be carried over except where the Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member cannot take the leave because:
they are sick (see Q&A 24);
they are on Leave taken by a member of staff in order to care for a child, including maternity, paternity, adoption, shared parental and parental leave following childbirth or adoption (see Q&A 25);
your Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member was unable to take their minimum Paid time off work to which members of staff are entitled each year, also known as holiday leave. entitlement because you did not provide paid holiday, or they took their Paid time off work to which members of staff are entitled each year, also known as holiday leave. but it was unpaid. This might be the case if, for example, you treat a Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member as self-employed A person, in business for himself, who provides services to others. He may be an individual simply working under his own name, or may offer services through a company or partnership. Sometimes known as a consultant or independent contractor. who is not eligible for paid Paid time off work to which members of staff are entitled each year, also known as holiday leave., when they are in fact a A person hired to work on an as required basis, sometimes known as a seasonal worker.. See Different types of staff for guidance on the rights of different types of Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer..
Furthermore, you must pro-actively encourage Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. to book this minimum leave during the The period in which a staff member must take his annual holiday leave.. If you do not, Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. can carry over any part of the first four weeks that they have not taken into the next leave year, regardless of what their contracts say. You should encourage Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. to book leave by writing to them so that you have a record of it. Simply relying on Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. looking at a written policy is not likely to be enough.
Remaining weeks
The remaining weeks (which will be 1.6 weeks if you offer the statutory minimum and any additional days if you offer more) can be carried over to the next year if you agree this with the Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member (which you do not have to do). If you do agree to this, it is common to require that Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. take any carried over holiday leave within three months of the start of the new The period in which a staff member must take his annual holiday leave.. For a template Paid time off work to which members of staff are entitled each year, also known as holiday leave. policy that you can customise for your business, see Staff handbook and policies.
Yes; if the Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member falls ill and takes sick leave until the end of the The period in which a staff member must take his annual holiday leave., you must allow unused holiday leave that they have been unable to take to be carried forward for up to 18 months; but you only have to allow only up to a maximum of four weeks' leave to be carried forward. Unless you have agreed otherwise in their employment contract, you do not need to allow them to carry over any Paid time off work to which members of staff are entitled each year, also known as holiday leave. entitlement over and above that amount.
No. Previously, your Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. could carry over four weeks' leave into the next 2 years if they could not take it because their work was affected by coronavirus. However, Staff members who have an obligation to do their work personally for someone who is not their client or customer. can no longer accrue COVID carryover leave. They must have used any leave they accrued prior to 1 January 2024 before or on 31 March 2024. If their employment terminated on or before 31 March 2024, they can claim pay in lieu for any outstanding carried-over leave.
The rules about minimum holiday entitlement are there to ensure that Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. get adequate periods of rest away from work. You are therefore not permitted to agree with your Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. that part of their minimum entitlement can be sold back to you, perhaps in exchange for an additional day's pay, even if the Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member requests this. Holiday must be taken within the relevant The period in which a staff member must take his annual holiday leave. or else it is lost, subject to a limited ability to carry over some holiday allowance into the following year (see Q&A 22 for further information about this).
The exception to this is where a Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member's employment terminates part way through a The period in which a staff member must take his annual holiday leave.; in that situation, you can pay them for any accrued leave that they have not been able to take; see Q&A 32 for further information about this.
If you decide to offer your Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. more than the 28-day legal minimum, there is nothing to stop you operating a scheme whereby Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. can buy or sell all or some of that additional entitlement (ie the element that is over 28 days), although it is common to limit this to buying or selling a set number of days (5 is common).
Note that in the case of casual or part-year Staff members who have an obligation to do their work personally for someone who is not their client or customer. , for leave years beginning on or after 1 April 2024, you are allowed to pay them rolled-up Payment made by an employer to a worker during the worker's holiday time off work. in each pay period, instead of offering paid time off. See Q&A 12 for further guidance.
Yes; your Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. will continue to accrue their full Paid time off work to which members of staff are entitled each year, also known as holiday leave. entitlement whilst on sick leave.
Where this leave cannot be taken in the relevant The period in which a staff member must take his annual holiday leave. because of the member of Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer.'s absence, you must allow any outstanding allowance to take to be carried forward for up to 18 months. See Q&A 24 for more information.
If a Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member falls ill shortly before a planned holiday and remains so during that period, or if they fall ill during their Paid time off work to which members of staff are entitled each year, also known as holiday leave. period, they will automatically become entitled to sick leave instead and you must permit them to rearrange the remainder of their Paid time off work to which members of staff are entitled each year, also known as holiday leave. for later that year; you cannot force them to take Paid time off work to which members of staff are entitled each year, also known as holiday leave. instead of sick leave.
If this means they cannot take their full Paid time off work to which members of staff are entitled each year, also known as holiday leave. entitlement for that year, you must permit them to carry it over into the following year. See Q&A 24 for more information.
Despite this, a Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member may choose to take Paid time off work to which members of staff are entitled each year, also known as holiday leave. even when they are sick, particularly if you do not offer an enhanced Payment made by an employer to a staff member during the staff member's time off work due to illness or disability. policy and they are only entitled to A sum of money that certain members of staff are entitled to if they cannot work because of sickness.. There is nothing to stop them doing this.
Yes, in relation to their statutory allowance. If a Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member leaves your employment part way through the The period in which a staff member must take his annual holiday leave. having taken less than the proportion of leave they are entitled to by that point in the year, you must pay them for the proportion of statutory leave that they have not taken.
For example, a Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member who has an Paid time off work to which members of staff are entitled each year, also known as holiday leave. allowance of 28 days and leaves 3 months into the The period in which a staff member must take his annual holiday leave. will be entitled to 7 days' leave for that year. If they have only taken one day, you must pay them for 6. Your Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member will not lose their right to Paid time off work to which members of staff are entitled each year, also known as holiday leave. (or payment in lieu of Paid time off work to which members of staff are entitled each year, also known as holiday leave.) simply because they did not apply to take it leave before they left your employment.
If you offer an enhanced leave policy over and above the legal minimum, whether or not your Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member is entitled to payment in lieu of the additional days is down to what your contract with the Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member says about this; you may require them to take the additional holiday before leaving, or else lose it. For a template Paid time off work to which members of staff are entitled each year, also known as holiday leave. policy, which you can customise for your business, see Staff handbook and policies.
If a Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member has taken more than their entitlement, you are only allowed to make a deduction from their wages to cover this if you have explicitly provided for this in their contract.
For more information about what happens when Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. leave your business, see Practical steps to take when a staff member leaves and use Checklist for departing staff to ensure that you do not miss anything important.
Your Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. may wish to take a long break from work, over and above their normal Paid time off work to which members of staff are entitled each year, also known as holiday leave. entitlement, for various reasons; most commonly to travel, spend time with family, get married or study.
There is no general right for Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. to take a career break or other period of unpaid leave, although you should note that members of Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. who are Individuals hired personally to work under contracts of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. do have the right to unpaid leave in the following specific circumstances:
Individuals hired personally to work under contracts of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. who are parents are entitled to take up to 18 weeks' unpaid A period of leave from work available to employees with children under the age of 18, in order to allow them to care for their children. up until their child's eighteenth birthday for the purposes of caring for the child (eg to spend more time with the child, visit new schools, or settle the child into new care arrangements).
Individuals hired personally to work under contracts of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. are allowed to take unpaid time off to deal with emergencies involving their dependants, including their children but also their partner, parents or anybody else who depends upon them.
Individuals hired personally to work under contracts of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. are entitled to take two weeks' A period of leave from work available to employees following the loss of a child under 18, or a stillbirth after 24 weeks of pregnancy. This right may also be referred to as 'Jack's Law'. following the death of a child under the age of 18 or a stillbirth after 24 weeks' of pregnancy but they may not be entitled to statutory parental bereavement pay, in which case their leave will be unpaid.
If you have over 250 Individuals hired personally to work under contracts of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work., certain Individuals hired personally to work under contracts of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. can request time off for training; detailed advice about this is beyond the scope of this service.
Individuals hired personally to work under contracts of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. who hold certain public positions can take unpaid time off to perform their public duties and all Individuals hired personally to work under contracts of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. are entitled to take time off work for jury service.
See Time off for appointments, caring and public duties for information about these various types of leave and Staff handbook and policies for template policies that you can use.
If you refuse a request for unpaid leave, you should ensure that you explain your reasons clearly to the Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member and keep a written record of the discussion. If the Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member is intent on taking the leave anyway, it is possible that they will resign as a result of your refusal; see What to do if a staff member resigns for further information about what to do if this happens.
If you accept the request, you should record the terms of the arrangement in writing. This will give you certainty as to what rights the member of Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. is entitled to while they are away from work, the arrangements for their return and other conditions.
For an arrangements letter suitable for approving a career break of an An individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work., see Career Break Arrangements letter.
Other than in particular situations (see Q&A 34), it is up to you whether or not you agree to any request for a period of unpaid leave. If you do offer career breaks you should consider having a written policy setting out how the process works. See Staff handbook and policies for a template policy.
Having a policy like this can be a way to attract, incentivise and ultimately retain Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. long-term, but you must bear in mind that you will need to stick to the terms of any policy you offer. As a result, you should usually allow yourself discretion when considering requests, based on business need.
There are no particular rules about what a policy must include; it is up to you whether you want to offer career breaks and on what terms. You may wish to include information about the following:
the conditions for eligibility (such as a minimum of two years' How long a person has been employed without a break lasting at least a week. Time off work whilst still employed (eg annual leave, sick leave etc) does not count as a break.);
factors that will be considered when deciding an application (such as business need at the time and reasons for the break);
whether there is a maximum duration that will be allowed; and
whether the Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member is to be paid, part-paid or unpaid whilst on the break and whether they will continue to receive pension contributions and other contractual benefits (note that if the Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member remains a member of your Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. during their career break, they will be legally entitled to continue to accrue statutory Paid time off work to which members of staff are entitled each year, also known as holiday leave. during the break.
You must Alternative Investment Market, a sub-market on the London Stock Exchange for growing companies to treat Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. consistently when considering requests for career breaks or unpaid leave, and not favour some Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. over others. Your decision should be based on transparent and consistently applied criteria, such as length of service, performance record and the effect the absence will have on the business and other Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer..
You must not favour requests from full-time Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. over those from part-time Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. in comparable roles, since it is illegal to treat part-time Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. less favourably than their full-time counterparts. You must also be careful not to To treat someone differently directly or indirectly becasue of their age, disability, gender reassignment, marriage or civil partnership status, being pregnant and/or being on maternity leave, race, religion or belief, sex or sexual orientation.against any member of Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. on the grounds of a Age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex or sexual orientation. .