PART 2RIGHTS AND OBLIGATIONS CONCERNING WORKING TIME
Entitlement to annual leave and payment for leave11
1
Subject to paragraph (2), a worker is entitled to at least four weeks' annual leave and to be paid in respect of any such leave at the rate of a week’s pay in respect of each week of leave.
2
In respect of a period of employment of less than one year, a worker is entitled to annual leave of a proportion of four weeks equal to the proportion the period of employment in question bears to one year; the proportion to be determined in days and any fraction of a day to be treated as a whole day.
3
Leave to which a worker is entitled under this regulation–
a
may be taken in instalments;
b
may not be replaced by a payment in lieu, except where the worker’s employment is terminated.
4
Sections 221 to 224 of the Employment Rights Act 1996 M1 shall apply for the purpose of determining the amount of a week’s pay for the purposes of paragraph (1), subject to the modifications set out in paragraph (5).
5
The provisions referred to in paragraph (4) shall apply as if–
a
references to the employee were references to the worker;
b
references to the employee’s contract of employment were references to the worker’s contract;
c
the calculation date were the first day of the period of leave in question; and
d
the references to sections 227 and 228 did not apply.
6
A right to payment under paragraph (1) does not affect any right of a worker to remuneration under his contract (“contractual remuneration”).
7
Any contractual remuneration paid to a worker in respect of a period of leave goes towards discharging any liability of the employer to make payments under this regulation in respect of that period; and, conversely, any payment of remuneration under this regulation in respect of a period goes towards discharging any liability of the employer to pay contractual remuneration in respect of that period.