Please help! Holiday entitlement on a temporary contract ?

as0ta

Please can you help me clear up the following.

I started in my current position on a temporary contract but was told that it was to be made permanent after 3 months. I was also told that because I was on a temporary contract I was not allowed any paid holidays. This was not mentioned anywhere on the advert or during the interview before I accepted the position. And although I did challenge it slightly at the time, I was just happy to move on from my last employer.

When 3 months passed, I was promoted in my department, still being told that I was on a temporary contract. I have now been here for nearly a year and still on a temporary contract without any Holiday entitlement.

I have been told that temporary contracted staff are not entitled to any paid holidays. Is this true?

Handbook also states this. I think it's unfair so I wanted to make sure that it was correct.

mariefab

As long as you are an employee or worker (not self employed) you are entitled to receive at least the minimum statutory paid holiday entitlement of 5.6 weeks even if you are on a temporary contract. You accrue this from your first day of employment.

You say that you've been there for nearly a year, it might be best to wait until you've worked there for a full year before challenging this.

Do you know when your Company's leave year runs (april- march, january-december etc)?

as0ta

mariefab wrote: »

As long as you are an employee or worker (not self employed)
I am an employee

you are entitled to receive at least the minimum statutory paid holiday entitlement of 5.6 weeks even if you are on a temporary contract. You accrue this from your first day of employment.
I thought so! Is that the case even if the contract and handbook states that temps are not entitled to any paid holidays?

You say that you've been there for nearly a year, it might be best to wait until you've worked there for a full year before challenging this. It will be a year in 12 weeks and in that time I have had no time off and feel I am in need of a break!

Do you know when your Company's leave year runs (april- march, january-december etc)?
I think it's April.

Thanks mariefab

MrsManda

You are entitled to 5.6 weeks of paid leave as a minimum (pro-rata) regardless of whether you are a temp or not.
For more details and confirmation of the law see HERE

heretolearn_2

It makes no difference what their handbook and contract says. An employer can't just make up their own illegal terms and conditions that go against employment law.

Wait till you've been there a year to get greater protection and then challenge them on this. They need to pay you for all the holiday that you weren't allowed to take - that's quite a lump so worth fighting for. And then of course they have to start letting you have holidays.

Call ACAS if you have any problems, they will tell you what to do.

mariefab

Is that the case even if the contract and handbook states that temps are not entitled to any paid holidays?

Yes.
Your 5.6 weeks holidays are a statutory right. Unlawful contract/handbook terms can't negate that right.

It will be a year in 12 weeks

You might want to hold fire until you've worked there for a year as you will then have employment rights. You'd be surprised how often employers decide to simply dismiss employees with less than a year's service when they question their policies.

I think it's April.

I suggest that you (discreetly) find out for certain.

Emmzi

jusst to check - you are employed directly, not through an agency?

as0ta

Thank you all for your replies. :T This will help a few of us who thought it was a 'made up rule'.

"Your 5.6 weeks holidays are a statutory right"
@ MrsManda and mariefab - would that be paid holiday or unpaid? A colleague recently had time off but it was unpaid holiday because of their "no holiday entitlement for a temp rule".

@ MrsManda thank you for the link.
@ Emmzi, I applied for the job myself and not an agency.

MrsManda

as0ta wrote: »

T
"Your 5.6 weeks holidays are a statutory right"
@ MrsManda and mariefab - would that be paid holiday or unpaid? A colleague recently had time off but it was unpaid holiday because of their "no holiday entitlement for a temp rule".

All workers have a right to a minimum of 5.6 weeks paid annual leave

- from the link I gave you