Guide

Part-time holiday entitlement: pro-rating that survives a tribunal

Updated

Pro-rating leave is one multiplication, yet it often goes wrong because the starting figure is wrong. Almost every error is a full-time figure with bank holidays baked in.

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A worker is an irregular hours worker where the paid hours in each pay period are, under the contract, wholly or mostly variable. A part-year worker is one required to work only part of the year with unpaid gaps of at least a week.

Regular hours only. Half days are allowed: a four and a half day week is 4.5.

Irregular hours and part-year workers only. Leave accrues on hours already worked, so this figure grows through the year.

Used only to express accrued hours as days, so the two modes can be read on the same scale.

Bank holidays do not have to be given as paid leave. An employer may include them in the statutory entitlement, or give them on top. Enter 0 if they are on top.

Statutory leave still to book

18

Days. A negative figure means more leave has been taken and booked than the statutory minimum provides, which is lawful only if the contract is more generous than the floor.

Statutory leave for the leave year28
Of that, filled by bank holidays your employer counts8
Days left for the worker to choose20
Most that could normally be carried over, with the employer's agreement8

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How this calculator works
  • The statutory floor is 5.6 weeks' paid holiday a year. gov.uk states that "almost all people classed as workers are legally entitled to 5.6 weeks' paid holiday a year". It adds that "most workers who work a 5-day week must receive at least 28 days' paid annual leave a year" (gov.uk).
  • The 28 day ceiling is applied to the regular hours figure. gov.uk states that "statutory paid holiday entitlement is limited to 28 days". So a six or seven day week does not produce more than 28 days of statutory leave (gov.uk).
  • Part-time entitlement is days a week multiplied by 5.6, the calculation gov.uk and Acas both work. A three day week gives "at least 16.8 days' leave a year (3 x 5.6)" (Acas).
  • Irregular hours and part-year workers accrue 12.07% of actual hours worked in a pay period, for leave years beginning on or after 1 April 2024. That percentage is 5.6 weeks divided by the 46.4 working weeks of a year (gov.uk).
  • Bank holidays are treated as a setting, not a fact, because they are one. gov.uk: "bank or public holidays do not have to be given as paid leave". And "an employer can choose to include bank holidays as part of a worker's statutory annual leave" (gov.uk).
  • The carry-over figure uses the general rule that "workers can normally carry over a maximum of 8 days into the next leave year, with the agreement of their employer". Statutory family leave is treated differently and is not modelled here (gov.uk).
  • This tracks the statutory minimum for a full leave year. It does not model contractual leave above the floor, service-related uplifts, leave in the first year of a job under an employer's accrual scheme, or a leave year part-completed. Where the contract is more generous, the contract governs and this figure is the legal floor beneath it.
  • Converting accrued hours to days uses the normal day length you enter. That conversion is a presentation choice, not a statutory rule: the entitlement of an irregular hours worker is measured in hours.

The calculation

Acas states the rule plainly: "someone who works part time is still entitled to 5.6 weeks' statutory paid holiday". And "the entitlement will be in proportion to the hours they work". Its worked example gives a three day week 16.8 days of paid holiday a year (3 x 5.6).

gov.uk gives the same example and the same arithmetic. Days worked in a normal week times 5.6, and nothing else enters the sum.

The error that survives audits

The common failure is to pro-rate 20 days rather than 28, because 20 was the number left after the employer's bank holidays were deducted from a full-time entitlement.

Pro-rating 20 days for a three day week gives 12 days. The statutory floor is 16.8. The gap is nearly five days a year, per worker, and it survives because the resulting number looks plausible.

The test is to pro-rate the statutory entitlement first, then deal with bank holidays. Doing it in the other order compounds a policy choice into a legal shortfall.

Weeks, not days, when the pattern is unusual

For a worker whose days vary in length, days are a poor unit. The entitlement is 5.6 weeks, and a week means a week of that worker's normal hours.

Where a pattern makes days-per-week meaningless, the safer route is to convert the entitlement to hours and track it in hours. The law already requires that for irregular hours workers.

The cap does not pro-rate

The 28 day ceiling is a ceiling on statutory entitlement, not a full-time figure that gets scaled down. A worker on a five day week reaches it exactly; a worker on six days does not get 33.6 days.

That means the cap has no effect at all on anybody working five days a week or fewer, which is almost all part-time staff. If a part-time calculation has invoked the cap, the calculation is wrong.

Tracking leave for a team, not for yourself?

Tell us roughly how many people you are tracking and how their hours are arranged. Up to three payroll and HR service providers will contact you directly.

Next: where to reach you.

  • Free, no obligation
  • Your details go to at most three suppliers
  • No marketing lists, ever

Sources

This site's own datasets, every figure quoted from its source and dated:

  • The UK Leave Software Price Index carries 14 published figures read from 13 sources' own pages; the 13 published figures given without a breakdown run from 0.60 to 8 GBP, read 11 November 2026.
  • The UK Statutory Leave Rules carries 7 published figures read from 6 sources' own pages, from 4 to 104 week, read 7 November 2026.
  1. gov.uk, holiday entitlement
  2. gov.uk, calculate holiday entitlement
  3. gov.uk, holiday pay and entitlement reforms from 1 January 2024
  4. Acas, checking holiday entitlement
  5. gov.uk, written statement of employment particulars

Check a balance against the legal floor

Two facts about the working pattern, two about what has been taken, and the statutory position is settled.

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