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  • FIRST POST
    • JordanWebb18
    • By JordanWebb18 11th Sep 17, 10:14 AM
    • 2Posts
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    JordanWebb18
    Holiday Pay When Leaving During Probation
    • #1
    • 11th Sep 17, 10:14 AM
    Holiday Pay When Leaving During Probation 11th Sep 17 at 10:14 AM
    Hi I have just recently been i a job, I was there for 10 weeks and I worked my 1 weeks notice on the 9th week. I have just reviewed my pay and I have only been paid for the hours I have worked and not any holidays. During my 10 weeks of employment I never taken any holidays. I contacted my old employer and told them that I have not received holiday pay and they emailed me back saying I am not entitled to holiday pay as I left during my probation period. I'm confused to this though as on the citizens advice website it says that your entitled from day 1 of employment. Just wandering if someone could help me out as to wether they are illegally not paying my holidays as I worked my notice period?
Page 1
    • JordanWebb18
    • By JordanWebb18 11th Sep 17, 10:28 AM
    • 2 Posts
    • 0 Thanks
    JordanWebb18
    • #2
    • 11th Sep 17, 10:28 AM
    • #2
    • 11th Sep 17, 10:28 AM
    This is what they emailed me when I asked them to pay my holidays I have accrued:

    Regarding holiday pay, due to being in your probation period you have not accrued any holidays so we are unable to pay you any holiday pay.
    • Guest101
    • By Guest101 11th Sep 17, 10:54 AM
    • 15,128 Posts
    • 14,763 Thanks
    Guest101
    • #3
    • 11th Sep 17, 10:54 AM
    • #3
    • 11th Sep 17, 10:54 AM
    They are incorrect as you accrue statutory holiday pay from day 1.


    I don't know when the 10 week period was for, so there may be bank holidays involved (certainly one in August)


    So assuming that was paid, then that is -1 day.


    If you work 5 days a week, you would get 2.3 days holiday per month, which gives you approx. 5.4 days holiday owed. (like I said deduct a day for each bank holiday)
    • Undervalued
    • By Undervalued 11th Sep 17, 11:19 AM
    • 3,177 Posts
    • 2,893 Thanks
    Undervalued
    • #4
    • 11th Sep 17, 11:19 AM
    • #4
    • 11th Sep 17, 11:19 AM
    This is what they emailed me when I asked them to pay my holidays I have accrued:

    Regarding holiday pay, due to being in your probation period you have not accrued any holidays so we are unable to pay you any holiday pay.
    Originally posted by JordanWebb18
    That is unlawful.
    Calculate how much holiday you have accrued. As has been said, deduct any days you didn't work due to BH then send them a formal letter before action asking for payment by a specific date (in say 3 weeks) failing which you will take legal action without further notice.

    If need be issue a small claims court claim via Moneyclaim online.
    • Savvy_Sue
    • By Savvy_Sue 11th Sep 17, 1:10 PM
    • 37,823 Posts
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    Savvy_Sue
    • #5
    • 11th Sep 17, 1:10 PM
    • #5
    • 11th Sep 17, 1:10 PM
    They would be entitled, during probation, not to allow you to take any leave, or not to allow you to take more leave than you had actually accrued, but everyone else is right, you were accruing it and should be paid for it.
    Still knitting!
    Completed: 1 adult cardigan, 3 baby jumpers, 2 shawls, 3 pairs baby bootees,
    1 Wise Man Knitivity figure + 1 sheep, 2 pairs socks, 1 seaman's hat ...
    Current projects: 1 shawl, another seaman's hat
    • getmore4less
    • By getmore4less 11th Sep 17, 1:41 PM
    • 30,267 Posts
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    getmore4less
    • #6
    • 11th Sep 17, 1:41 PM
    • #6
    • 11th Sep 17, 1:41 PM
    the original working time regulations 1998 reg 13 had a 13week qualifying period.

    http://www.legislation.gov.uk/uksi/1998/1833/regulation/13/made
    (7) The entitlement conferred by paragraph (1) does not arise until a worker has been continuously employed for thirteen weeks
    (8) For the purposes of paragraph (7), a worker has been continuously employed for thirteen weeks if his relations with his employer have been governed by a contract during the whole or part of each of those weeks.
    this was revoked in the 2001 changes.
    http://www.legislation.gov.uk/uksi/2001/3256/regulation/2/made

    2.—(1) Regulation 13 of the Principal Regulations shall be amended as follows.

    (2) The following paragraph shall be substituted for paragraph (1)—

    “(1) Subject to paragraph (5), a worker is entitled to four weeks' annual leave in each leave year.”

    (3) Paragraph (2) shall be omitted.

    (4) In paragraph (5), for “paragraph (2)” there shall be substituted “paragraph (1)”.

    (5) In paragraph (6), “(2)(b) or” shall be omitted.

    (6) Paragraphs (7) and (8) shall be omitted.
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