Holiday pay underpayment is one of the most common complaints from umbrella contractors. Some umbrellas roll it in incorrectly. Others leave it off payslips. Some use the wrong calculation. If your umbrella owes you holiday pay, you can recover it. This guide shows the steps.
What are you entitled to?
UK workers are entitled to 5.6 weeks’ paid holiday each year under the Working Time Regulations 1998. Umbrella contractors are employed workers, so the full entitlement applies. You cannot waive it, and an umbrella cannot contract it away.
There are two methods umbrellas use for holiday pay:
Rolled-up pay. Holiday pay is included in your regular pay at 12.07% or more of your total pay. That is lawful only if your contract clearly says pay includes a holiday element, and your payslip shows it as a separate line item. A single “pay” line with no holiday element shown is not compliant.
Accrued holiday. You build up holiday as you work and take it when you stop. For irregular-hours workers, holiday pay uses your average pay over the previous 52 paid weeks. The 12.07% figure sets how much leave builds up, not what it pays.
Read how umbrella holiday pay is calculated for a full breakdown of how the two methods work and how to check yours.
Know your rights as an umbrella employee. Holiday pay is a statutory right, not a bonus.
Step 1: Check your payslips
Before you complain, check whether the pay is actually short. Review every payslip for a separate holiday pay line. If it is missing, check your contract. Does it say rolled-up holiday pay is included in your rate? If neither is true, your umbrella may be leaving out your entitlement altogether.
What to look for on your payslip:
- A separate “holiday pay” line showing a pound amount
- Or a clear contract clause stating pay is inclusive of 12.07% holiday element
What to collect before you complain:
- All payslips showing periods where holiday pay was absent or calculated wrongly
- Your original contract showing the holiday pay terms
- Any correspondence from your umbrella about holiday pay
Work out what you are owed. If the pay is rolled up, it is at least 12.07% of your total pay over the period. If it is accrued, the 52-week average calculation is more complex, so note the period and hours and consider a payroll professional if the amount is significant. Use the umbrella salary calculator to see your expected gross pay at your current rate. Then check that your umbrella applies at least 12.07% to your total pay.
Step 2: Raise it with your umbrella in writing
Write to the payroll or compliance team directly. Set out the periods you believe were wrong, the calculation you made, and the amount you think is owed. Ask for a written reply within 10 working days.
Keep it factual. List dates, amounts, and the payslips that show the issue. Do not threaten legal action at this stage. A direct request resolves most holiday pay disputes without further steps.
If your umbrella has a grievance or disputes process, use it. That gives you a written record. Acas says you should try a formal grievance before you start Early Conciliation.
Step 3: ACAS Early Conciliation
If the umbrella does not respond or disagrees with your calculation, contact ACAS. Early Conciliation is a free, mandatory step before most Employment Tribunal claims. ACAS contacts both sides and tries to reach a settlement. Most holiday pay disputes end there.
Early Conciliation is mandatory. You cannot file an ET claim about most employment rights disputes without going through it first. Contact ACAS online at acas.org.uk or by phone.
The process:
- Notify ACAS that you want to start Early Conciliation. You get a certificate with a reference number.
- ACAS contacts your umbrella. A conciliation officer manages the process.
- If both parties agree, the settlement is binding. If not, you get a certificate to proceed to Tribunal.
Early Conciliation pauses the Tribunal claim deadline while it is running.
Step 4: Employment Tribunal
If ACAS Early Conciliation fails, you can file an Employment Tribunal claim. The deadline is 6 months minus one day for underpayments from 1 October 2026. Before that, 3 months minus one day. Time runs from the last underpayment. Early Conciliation extends that deadline by the length of the conciliation period.
ET claims for holiday pay use the Deductions from Wages jurisdiction. You can also claim under the Working Time Regulations directly.
Important: the deadline is strict. If you miss it without a strong reason, your claim will probably be out of time. Do not delay once ACAS conciliation ends.
For a series of deductions, time runs from the last one. Ask Acas how far back a claim can go.
What about the Fair Work Agency?
The Fair Work Agency is expected to investigate and enforce holiday pay underpayments from 2027. Until then, individual disputes go through the Employment Tribunal route above. The FWA is expected to work alongside the tribunal, not replace it.
From 2027, the FWA is expected to investigate umbrella companies that consistently underpay holiday pay across their workforce. Individual contractors should be able to report to it then. For a dispute today, the ACAS and ET route is the right one.
How do you prevent holiday pay disputes from the start?
Choose an umbrella that shows holiday pay as a separate line on every payslip. It should confirm the method in writing before you start. It should also hold FCSA, Professional Passport or SafeRec accreditation. FCSA and Professional Passport check payroll compliance, including holiday pay.
An umbrella company with triple accreditation has its payroll checked externally. SafeRec also checks every payslip against HMRC records. Choosing an accredited umbrella is the best prevention.
If you are already with an umbrella and are unsure about your holiday pay, ask in writing which method they use and ask them to show it on your payslip. Their reply tells you what you need to know.
