Working hours are not excessive

Case study - Holiday entitlement

“I have a worker who has been with me for two months and he wants to take 3 days holiday – does he have enough a holiday allowance?”

Non-agricultural work:

A worker is entitled to 5.6 weeks of paid holiday (28 days) per year. This means workers accrue 28/12 days per month.

(28/12) x number of months worked

In his 2 months with you, the worker has therefore accrued (28/12) x 2 = 4.5 days holiday, so he is entitled to take the 3 days he wants.

Agricultural work in England, Wales and Northern Ireland:

If an agricultural worker works 52 weeks of the year for you, their holiday entitlement is linked to the number of days a week they work (see table in Appendix 3). If a workers works for you for less than 52 weeks a year, holiday entitlement is calculated by using the formula:

Holiday entitlement = (# weeks worker employed/52) x Total Holiday Entitlement (THE), see Appendix 3

For this worker:

(8/52) x 23 = 3.5 days

The holiday year runs from 6th April one year to 5th of April the following year, therefore this worker would be entitled to take the 3 days leave he has requested, so long at the 8 weeks work took place within the same holiday year.

Agricultural work in Scotland:

In Scotland the AWO holiday entitlement is 5 weeks i.e. 25 days based on a 5 day week. The holiday year is based on a calendar year i.e. January to December.

Holiday entitlement is calculated in the same way as non-agricultural work with the exception of the holiday entitlement being increased to 5 weeks.