Holidays, Public Holidays & Breaks

Overview

JACS has produced information covering the entitlement to holidays and public /bank holidays, it also covers breaks during the working day and the entitlement to a weekly/2 weekly rest period.

You can download our comprehensive information guide below for more details, or continue reading the page for further information.

Minimum Rest Periods

Daily Breaks

Employees working 6+ hours are entitled to a minimum 20-minute break - unpaid.

Weekly Rest

Employees must receive:

  • At least 24 hours of uninterrupted rest every 7 days, or

By agreement:

  • Two 24-hour rest periods in 14 days, or
  • One 48-hour rest period in 14 days.

Start of Rest Periods

Default is 00:01 on Sunday, unless otherwise agreed.

Interrupted Rest

If an employee is required to:

  • Be available for work, or
  • Attend or be near the workplace, then compensatory rest must be given within 14 days.

Tribunal Claims

Employees may claim up to 8 weeks’ pay for breaches of rest period entitlements.

Annual Leave Entitlement (holidays)

Statutory Minimum Leave

  • 3 weeks paid annual leave per year.

Rolled up holiday pay (6%) should only be used in zero-hour contracts. 

Leave Year

  • Can start on a date specified in a contract (e.g. Jan 1 or Apr 1).
  • If unspecified, it starts on the employment start date.

Pro-Rata Entitlement

  • Applies if employment starts more than 28 days before leave year ends.
  • Leave is calculated in days, rounded up to the nearest whole day.
Calculating a Week’s Pay
  • Fixed Pay: Based on regular wage for normal hours.
  • Variable Pay: Use average hourly rate over the previous 52 weeks, excluding commission. 
  • Irregular Hours: Use average weekly hours and pay over 52 (working) weeks. 
  • No Normal Hours: Use average weekly pay for weeks with payment over the past 52 (working) weeks.
  • Minimum Wage Rule: If calculated pay is below minimum wage, the minimum wage prevails.
Leave on Termination of Employment

Unused Leave:

  • Employee receives payment in lieu.
  • Excess Leave Taken: Employer may recover payment for extra days taken.

Example: 20 days annual leave = 1.67 days/month.

  • If employment ends on June 30, entitlement = 10 days.
  • If only 5 days taken → 5 days’ pay owed.
  • If 15 days taken → 5 days’ pay recoverable by employer.
Public/Bank Holiday Entitlement
  • Paid leave on Christmas Day, Good Friday, and Public/Bank Holidays.
  • If required to work on these days, paid days off in lieu must be provided.
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