Holiday Pay

For each week’s annual leave taken, employees and workers are entitled to payment of their weekly wage where they work fixed weekly hours at a fixed rate of pay. Where employees and workers work irregular hours, they are entitled to payment of a week’s pay based on their average earnings in the preceding 12 weeks worked in which pay was received. If no pay was received in any of the preceding 12 weeks, the next earlier weeks’ pay must be included in the calculation until 12 paid weeks are established.

For each week’s annual leave taken, workers and employees are entitled to payment of their weekly wage where they work fixed weekly hours at a fixed rate of pay. Where employees and workers work irregular hours, they are entitled to payment of a week’s pay based on their average earnings in the preceding 12 weeks worked in which pay was received. If no pay was received in any of the preceding 12 weeks, the next earlier weeks’ pay must be included in the calculation until 12 paid weeks are established.

Where the employment status of a private hire driver or courier is misclassified as self-employed, the driver or courier should notify their employer of the misclassification of employment status, and request that the holiday entitlement and pay is remedied. If the dispute remains unresolved, the driver or courier should refer the matter to ACAS and invoke the Early Conciliation process. Thereafter, if the matter remains unresolved, the driver or courier should consider filing an employment tribunal claim for the matter to be determined.

Private hire drivers and couriers may obtain assistance and representation in pursuing holiday pay disputes from a solicitor, law centre or trade union.