new job and no holiday entitlement is this legal?

Bonbon

A friend of mine started a new job on a months trial and when he got his contract it stated that there is no holiday entitlement for the first 6 months, which he has signed. I've started a job there and my trial will be up very soon.On all the websites I have looked at it says you start to accrue holiday from the first day of employment.Are there any exceptions to this? It's a full time permanent job.I need to make sure I have the facts correct. If I am correct what can I do? If I refuse to sign and start quoting the law I will probably be classed as a trouble maker and will be asked to leave and I need the job.I am presuming that they allow the new people time off, but this will have to be taken unpaid.

LadyMissA

Bonbon wrote: »

A friend of mine started a new job on a months trial and when he got his contract it stated that there is no holiday entitlement for the first 6 months, which he has signed. I've started a job there and my trial will be up very soon.On all the websites I have looked at it says you start to accrue holiday from the first day of employment.Are there any exceptions to this? It's a full time permanent job.I need to make sure I have the facts correct. If I am correct what can I do? If I refuse to sign and start quoting the law I will probably be classed as a trouble maker and will be asked to leave and I need the job.I am presuming that they allow the new people time off, but this will have to be taken unpaid.

' no holiday entitlement' meaning you will only get 6 mths entitlement in the 1st year or none can be taken in the 1st 6 mths?

paddedjohn

As the above post hints at, it probably means that although you will be accrueing holidays you wont be allowed to take any within the first 6 months.

t0rt0ise

It doesn't matter if you sign it or not. If it's illegal then it's illegal even if you sign it. But do they mean that you can't take holiday in the first 6 months so that any built up will be taken after the first 6 months?

Bonbon

Ah, now that's a question. I am presuming that I will only get 6mths entitlement in the first year.ie nothing for first 6 mths and then I will start to accrue it. I did only 3 weeks temp work for an agency before this job and I was paid accrued holiday at the end of it.

scheming_gypsy

you'll need to ask them to clear it up, if you do accrue them but can't take them for 6 months; what happens if you start 6 months into their holiday year?

Bonbon

I did ask a colleague what would happen when they shut down for Christmas and was told that they might pay me for the 3 days but wasn't sure.

BonandDom

I would assume it means you can't take any holidays in the first six months, but well worth asking the question.

The problem I've found (and currently am in) is that even if what the contract says is illegal what can you do about it ? I agree with not a lot.

zzzLazyDaisy

You start to accrue holiday pay from day one, but it is perfectly legal for the company to state that you cannot take holidays during the first 6 months. However, if you start the job (say) 6 months into the company holiday year, they cannot then claim that you have failed to take your holidays for that year and therefore you must lose them. I suggest that you speak to the HR dept, who should be able to explain it to you.