The Government has amended the Working
Time Regulations to remove the thirteen-week qualifying period for
holiday pay. The amendments are effective from 25 October 2001.
the old regulations, holiday pay accrued from the first day of
employment but the employee was not eligible for it until they had
worked thirteen weeks. Consequently, if the employee left within the
first thirteen weeks then no holiday pay was due.
Under the new regulations, an employee has the right to one twelfth of
the annual holiday entitlement for each month worked, rounded to the
nearest half day. Therefore, from the first month onwards, holiday pay
The Regulations still require that holiday should be taken and not
paid in lieu, except when the employee leaves the employer, or be
allowed to carry over to the next holiday year. These Regulations only
apply to the statutory minimum of four weeks per year, which is
inclusive of the eight Bank/Public holidays.
As a result of this change, any conditions of employment that state
that an employee is not entitled to outstanding holiday pay if they
leave within the first three months of employment should therefore be
changed since this will no longer be legal, unless it only applies to
holiday in excess of the statutory minimum.