Holiday Entitlement

cooky43

Hi
I don't think I will ever get away from this company........(from earlier posts)...........

Can someone help, I have been with a company for 8 weeks, however I have handed in my notice and finishing on Tuesday (8 weeks to the day). Whilst chatting I asked about my accrued holiday pay as I have always assumed that you start to accrue holidays from the day you start work - in my case full time - 5 days a week. I was told that I would not recieve any holiday pay as I needed to be there for 13 weeks ???????
I have been to

http://www.adviceguide.org.uk/index/life/employment/holidays_and_holiday_pay.htm#who_has_the_right_to_paid_holidays

http://www.direct.gov.uk/en/Employment/Employees/Timeoffandholidays/DG_10029788

and it stated here :
The basics of holiday rights

There is a minimum right to paid holiday, but your employer may offer more than this. The main things you should know about holiday rights are that:

• you are entitled to a minimum of 5.6 weeks paid annual leave (28 days for someone working five days a week)
• part-time workers are entitled to the same level of holiday pro rata (so 5.6 times your usual working week, eg 22.4 days for someone working four days a week)
• you start building up holiday as soon as you start work
• your employer can control when you take your holiday
• you get paid your normal pay for your holiday
• when you finish a job, you get paid for any holiday you have not taken
• bank and public holidays can be included in your minimum entitlement
• you continue to be entitled to your holiday leave throughout your ordinary and additional maternity leave and paternity and adoption leave

Can someone clarify this ? Also they said that it would take 6 weeks to get my P45 ??? I know that this can be done asap - any ideas how to speed this up from a goverment source.

Thanks in advance

Cooky43

LittleVoice

The 13-week wait for holiday is "historic" (from original introduction of WTR in the last millennium) but was corrected years ago. They can't get away with that now.

They should be able to produce a P45 at the time they process your final payment - but can't point you to an official source for you to be able to force their arm.

moneysavingexpert79

You accrue holidays from the first day you start employment. However they may have a policy where they say you can't take any holidays / time off until you have been there 13 weeks. If you leave and you haven't taken any holidays, you will be paid the total amount of holidays accrued in your final wage slip.

Don't worry about it for now. Leave the place, and then check your final pay slip. If they haven't paid you for your accrued holidays, then you have something to be annoyed about.

McKneff

I dont have a link either but you might find out something re your P45 on the HMRC website.

They really are talking rubbish, no wonder you want to leave.
Most employees starting new jobs quite quickly have taken their P45 with them to give to new employers.

SueC_2

I'd say they're just covering themselves by saying it will take 6 weeks for you to get your P45.

In a lot of cases, regardless of the last day of actual service, your final pay and P45 will be issued on the normal payroll day. So, if you're monthly paid on the 30th of each month, your final pay will be processed on the 30th, even if you left on the 2nd. So, you've technically already waited 4 weeks for your P45. Add on a few days for the payslip and P45 to be posted out and reach you, then round it up to 2 weeks so you don't get the ex-employee hassling you too soon.

I'm not saying it's right, but it can be the way it is.

PasturesNew

As the others have said, you accrue holiday pay from the first day. Even as a temp through an agency, if you just work one day then leave them you still get your holiday pay, allbeit less than an hour's worth.

daska

Here you go - Full details on businesslink.gov.uk

government website so they can't argue