(1) Subsection (2) applies if—
(a) the employment of an employee comes to an end; and
(b) the employee is not entitled to annual holidays because he or she has worked for less than 12 months for the purposes of section 16.
(2) An employer must pay the employee 8% of the employee’s gross earnings since the commencement of employment, less any amount—
(a) paid to the employee for annual holidays taken in advance; or
(b) paid in accordance with section 28.
Section 23(2): amended, on 1 April 2007, by section 42.