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Employment status is one of the most important and most misunderstood areas of UK employment law. Your status determines your rights, your tax obligations and what your client owes you.
The three employment statuses:
All workers are entitled to 5.6 weeks of paid annual leave under the Working Time Regulations 1998. For a full-time worker working 5 days a week this equals 28 days. Part-time workers are entitled to 5.6 weeks pro-rated to their working pattern.
A common employer mistake is paying holiday pay at basic salary only. Following a series of Employment Tribunal and Supreme Court decisions, holiday pay must reflect your normal remuneration — including regular overtime, commission, and other regular allowances. If you regularly work overtime that is genuinely required and not truly voluntary, it must be included in your holiday pay calculation.
If you believe your holiday pay has been underpaid you can bring a claim to the Employment Tribunal for unlawful deductions from wages within 3 months of the underpayment. You can claim for underpayments going back up to 2 years.
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